• SparkText draft and analyses messages - it does not send anything on your behalf. You decide what you actually say.
• You are responsible for every message you send. Review all AI suggestions before using them. Do not send something you are not comfortable with.
• AI can be wrong. Outputs may be inaccurate, off-tone or not suited to your specific situation. Always apply your own judgment.
• The app is for adults only. You must be 18 or older to use SparkText.
• Paid plans auto-renew. Subscriptions renew automatically until you cancel. No refunds except as required by law or expressly stated.

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1. Acceptance of These Terms

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These Terms & Conditions ("Terms") form a legally binding agreement between you and SparkText. ("SparkText", "we", "us", or "our"), the operator of the SparkText service available at https://www.sparktext.app and any associated interfaces (together, the "Service").

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You accept these Terms by doing any of the following:

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• Creating a SparkText account
• Accessing or browsing any part of the Service
• Subscribing to a paid plan
• Using any feature of the Service

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If you are using SparkText on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms and "you" refers to that entity.

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If you do not agree to these Terms, do not use SparkText.

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2. Eligibility

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SparkText is intended for adult users only. To use the Service you must:

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• Be at least 18 years old
• Meet the minimum age of legal majority in your jurisdiction, where that age is higher than 18
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under any applicable law

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By using SparkText, you represent and warrant that you meet all of these requirements. The Service is not intended for, and must not be used by, anyone under the age of 18. If we become aware that a user is under 18, we will terminate their account without notice.

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SparkText is designed for personal, non-commercial use in connection with adult dating and social communication contexts. Use for any other purpose is subject to these Terms.

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3. Your Account

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3.1 Registration

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You may register with an email address and password, or via a supported third-party authentication provider such as Google. You agree to provide accurate, and complete information and to keep it up to date.

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3.2 Account Security

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You are responsible for:

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• Keeping your password and login credentials confidential
• All activity that occurs under your account, whether or not authorised by you
• Notifying us promptly at support@spark-text.com if you suspect any unautorised use of your account

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We are not liable for any loss or damage arising from your failure to protect your account credentials. If you sign in via a third-party provider (e.g. Google). that provider's own security and terms also apply.

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3.3 One Account Per Person

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You may not create multiple accounts to circumvent usage limits, access plan features without paying or evade a suspension or termination. We reserve the right to merge or remove duplicate accounts.

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4. Description of the Service

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4.1 What SparkText Does

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SparkText is an AI-powered communication assistant and coaching tool for dating and social messaging contexts. Core features include:

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• AI-generated reply suggestions: You paste a message or transcript from screenshots and receive suggested responses in various tones - safe, confident, playful/flirty depending on your plan.
• Reply refinement: You can adjust suggestions using controls such as shorter, funnier, more direct or less intense.
• Coach and next-move advice: The app analyses a conversation and suggests what to do next - including strategy, timing, potential risk flags and behavioral suggestions.
• Screenshot upload and text extraction: You can upload screenshots of chats. SparkText extracts the text content and infers context where possible. Extraction may not be perfect and you are responsible for reviewing it.
• Match Memory: You can create matches and attach notes, facts, preferences, wins, strategy and conversation history to each one. This context is used to personalise future suggestions.
• Match Insights: SparkText can generate interpretive analytics for a match - such as vibe, momentum, effort balance, responsiveness, risk flags and next-step recommendations. These are AI-generated interpretations, not objective facts.
• Advanced Spark Openers: On the Pro plan, premium opener suggestions tailored to stage and match context are available, subject to usage rules and cooldowns.

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4.2 What SparkText Is Not

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SparkText is a drafting and analysis tool. It is not and must not be treated as:

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• A guarantee of dating success, romantic outcomes or message replies.
• A dating platform, matchmaking service or social network.
• Therapy, mental health care or professional counseling.
• Legal, financial or medical advice.
• A surveillance, tracking or lie-detection tool.
• A tool that acts on your behalf on other platforms.

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4.3 Service Evolution

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We are continously developing SparkText. Features may be added, changed, restricted or discontinued at any time. We will try to give reasonable notice of significant changes, but we are not obligated to maintain any particular feature indefinitely.

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5. AI Limitations and No Guarantees

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Everything SparkText generates is AI output. It reflects patterns and probabilities - not truth, not certainty, not a promise.

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SparkText uses AI models to generate reply suggestions, coaching advice, insights and analysis. You must understand the following:

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• Outputs may be inaccurate or inappropriate: AI-generated content can be wrong, incomplete, misleading, contextually off or unsuitable for your specific situation.
• Tone analysis is probabilistic: Assessments of another person's tone, intent, interest level or mood are interpretive inferences - not facts. The other person may feel entirely differently to how SparkText infers.
• Insights are not objective: Momentum scores, risk flags, compatibility signals and other metrics are analytical heuristics, not measurements of reality.
• Screenshot extraction may be imperfect: Text extracted from uploaded screenshots may contain errors, misidentified speakers or missing context. Always review extracted content before acting on it.
• Context limitations: SparkText only knows what you tell it. It cannot see the full picture of any relationship, conversation or person.
• No guaranteed outcomes: SparkText does not and cannot guarantee that following its suggestions will result in a reply, a date, a relationship or any other outcome.

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You must apply your own judgment before using any SparkText output. We are a tool to help you think and draft. We are not a substitute for human discretion.

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6. Your Responsibility for Communications

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Sparktext does not send any messages on your behalf. Every message you send using SparkText suggestion is sent by you, from your own account, on your own platform.

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You agree that:

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• You are solely responsible for every message, action and communication you make using SparkText guidance.
• You will review AI-generated suggestions before sending them. Do not send content you have not read.
• You will not use SparkText to send messages that are harmful, deceptive, harassing, illegal, or likely to cause distress.
• You will not use rely on SparkText to navigate sensitive, high-stakes, emotionally complex, or legally significant communications without applying significant personal judgment.
• You will not use SparkText to craft communications designed to manipulate, exploit or deceive another person.

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SparkText accepts no responsibility for the real-world consequences of messages you send, however those messages were drafted or inspired.

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7. Acceptable Use and Prohibited Conduct

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You may use SparkText only for lawful purposes and in a manner consistent with these Terms. The following conduct is strictly prohibited.

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7.1 Harm to Others

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• Using SparkText to harass, threaten, intimidate, bully, stalk or harm any person.
• Generating or sending content that is sexually exploitative, coercive or non-consensual.
• Targeting or contacting minors through any channel, including via content generated by SparkText.
• Using SparkText to facilitate domestic abuse, coercive control, manipulation or vulnerable indivduals.

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7.2 Deception and Fraud

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• Catfishing - using SparkText to impersonate someone else or maintain a false identity.
• Fraud, blackmail, or extracting money, favours or data from another person through deceptive means.
• Using SparkText outputs to deceive another person about your identity, intentions or circumstances in a material way.
• Impersonating a real person, business or public figure.

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7.3 Illegal and Harmful Activity

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• Using SparkText in connection with any illegal conduct under applicable law.
• Uploading content that contains illegal material, including child sex abuse material (CSAM).
• Using SparkText as part of a scheme involving hate speech or discrimination based on race, gender, sexual orientation, religion, disability, or any other protected characteristic.
• Using SparkText to facilitate human trafficking, exploitation or modern slavery.

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7.4 Platform Integrity

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• Reverse engineering, decompiling, disassembling or extracting source code from SparkText.
• Scraping, crawling or data-mining the Service using automated tools.
• Attempting to bypass, circumvent or disable plan limits, usage caps, cooldown, content filters or access controls.
• Creating accounts or using technical workarounds to access features above your plan tier without paying.
• Uploading malware, harmful scripts or code designed to infere with the Service.

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7.5 Third-Party Rights

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• Uploading screenshots, messages, or content that you do not have the right to share or process.
• Violating another person's privacy, confidentiality obligations or data rights through your use of SparkText.
• Using SparkText in a way that violates the terms of service of a third-party platform in a manner that creates risk or harm.
• Uploading content that infringes the intellectual property rights of any third party.

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7.6 Spam and Commercial Misuse

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• Using SparkText to generate mass or bulk messsages intended for spam purposes.
• Using SparkText outputs for commercial marketing, advertising or lead generation without our written permission.

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We reserve the right to determine, in our sole discretion, whether conduct violates these rules. Violation may result in immediate suspension or termination without notiuce or refund.

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8. Screenshots, Transcripts and Uploaded Content

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8.1 Your Rights to Upload

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When you upload screenshots, paste transcripts or provide any other content to SparkText, you represent and warrant that:

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• You have the legal right to upload, share and process that content.
• Doing so does not violate any applicable law, including privacy laws, confidentiality obligations or the terms of any other platform.
• You are not uploading content belonging to a minor.
• The content does not contain material that is illegal or that you do not have the right to share.

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8.2 Privacy of Others

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SparkText is designed as a personal coaching tool. When you upload screenshots or transcripts of conversations with other people, those people have not consented to sharing their messages with us. You are responsible for ensuring your use complies with:

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• Applicable data protection and privacy laws in your jurisdiction (including GDPR where relevant).
• Any confidentiality expections in your communication with others.
• The Terms of the platform on which those conversations originally took place.

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8.3 How We Process Uploaded Content

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Uploaded screenshots and pasted transcripts are processed by SparkText's AI systems powered by OpenAI to extract text, infer context, and generate outputs. We do not permanently store raw screenshot files in our own database. Extracted transcript content is returned to your browser. If you explicitly save content to Match Memory, that saved content is stored. Please see our Privacy Policy for full details.

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9. Privacy and Personal Data

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Your use of SparkText is also governed by our Privacy Policy, available at https://www.spark-text.com/privacy-policy

The Privacy Policy explains what data we collect, how we use it, who we share it with and your rights in relation to it. By using the Service, you agree to the processing of your data as described in the Privacy Policy.

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In summary, SparkText may process:

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• Account information (email, authentication data, profile settings).
• Conversation content, screenshots and transcripts you provide.
• Match Memory items you explictly save.
• Coaching preferences, goals and setup information you provide.
• Usage data, feature interactions and plan activity.

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This processing is necessary to provide the Service. The Privacy Policy governs all data processing - this section is for reference only.

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10. User Content and License

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10.1 Ownership

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You retain ownership of the content you upload, paste or provide to SparkText ("User content"), including screenshots, messages and saved notes.

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10.2 License to SparkText

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By submitting User Content to the Service, you grant SparkText a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, process, reproduce, analyse, transmit and display content to the extent necessary to:

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• Provide and operate the Service.
• Generate AI outputs in response to your requests.
• Store content you have explicitly chosen to save (such as Match Memory items).
• Maintain, secure and improve the Service.
• Comply with our legal obligations.

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This license is limited to operating the Service. We do not claim ownership of your personal communications. This license ends when you delete the relevant content or close your account, subject to any legally required retention periods.

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10.3 Content Standards

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You are responsible for ensuring your User Content implies with these Terms. We reserve the right to remove User Content that violates these Terms or applicable law, without notice.

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11. AI-Generated Output

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SparkText generates reply suggestions, coaching advice, insights and other outputs in reponse to your inputs. The following applies:

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• Personal use: Outputs are provided for your personal use in connection with the Service. You may use them for the personal communications SparkText is designed to support.
• Not unique: Similar inputs from different users may result in similar or identical outputs. We do not guarantee that your outputs are exclusive to you.
• No warranties on Outputs: We do not warrant that outputs are accurate, appropriate, effective or suitable for your situation. See sections 5 and 17.
• Our IP: The systems, models, interfaces and prcocesses that generate outputs are our intellectual property or that of our licensors. Providing Outputs to you does not transfer any ownership of those systems.
• Your responsibility: Any output you use in a real communication is your own communication. You are responsible for it.

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12. Subscriptions, Billing and Payments

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12.1 Plans

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SparkText offers a Free plan and paid subscription plans (Plus and Pro). Paid plan features, pricing and usage limits are described on our pages and in the app. Plan details may change - we will give reasonable notice of material changes to existing subscribers.

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12.2 Automatic Renewal

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Paid subscriptions renew automatically at the end of each billing period (monthly or annual, depending on your selection) at the then-current price, unless you cancel before the renewal date. By subscribing, you authorise us (via our payment processor Stripe) to charge your payment method on a recurring basis.

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12.3 Billing and Payment

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• Payments are processed by Stripe. By providing payment details, you agree to Stripe's terms of service.
• Prices are displayed at the checkout and may be in GBP or USD depending on your location.
• Applicable taxes (e.g. VAT) may be added to the displayed price at checkout depending on your jurisdiction.
• Your billing date is set at the time of initial subscription and may shift in you change your plan mid-cycle.

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12.4 Plan Changes

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• Upgrades: Take effect immediately. You will be charged a prorated amount for the remainder of the current billing period.
• Downgrades: Take effect at the end of the current billing period. You retain access to your higher-tier features until then.
• Cancellation: You may cancel at any time through your account settings or by contacting us. Cancellations stops future renewals. You retain access until the end of your current paid period.

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12.5 No Refunds

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Subscription fees are non-refundable except:

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• Where required by applicable consumer protection law in your jurisdiction.
• Where we expressly state a refund policy for a specific promotion or product offering.

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If you believe a billing error has occured, contact us within 30 days of the charge at support@spark-text.com.

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12.6 Failed Payments

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If a payment fails, we may attempt to charge your payment method again. If payment is not received, we may downgrade your account to the Free plan or suspend access until payment is resolved. We will try to notify you if a payment fails.

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12.7 Price Changes

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We may change subscription prices at any time. We will give at least 30 days' notice or price changes to active subscribers, by email or in-app notification. If you do not agree to the price change, you may cancel before it takes effect.

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13. Usage Limits, Sparks and Fair Use

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SparkText uses a "Sparks" system to measure and manage usage. Generating replies, running analysis, tweaking suggestions and other actions may each consume Sparks. The following applies:

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• Free and Plus plan users have a rolling 24-hour Spark allowance. Once exhausted, certain actions will be unavailable until the limit resets.
• Pro plan users have an unlimited Spark allowance, subject to fair use rules.
• We reserve the right to impose rate limits, cooldowns or throttling on any plan to protect the Service from abuse, excessive load or gaming the system.
• Unused Sparks do not roll over or accumulate beyond the stated rolling window.
• If we detect usage that is inconsistent with normal personal use - for example, automated requests, scraping or behaviour suggesting commercial use at scale - we may restrict, throttle or terminate access without notice.

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Feature availibility by plan is described on the bottom of Home and Features page. We may adjust feature access and limits as the product evolves, with reasonable notice where practical.

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14. Intellectual Property

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14.1 Our Ownership

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SparkText and everything that makes it up - including software, codebase, design, user interface, branding, trade marks, logos, AI models, prompting systems, content and documentation - is owned by or licensed to us. These are protected by copyright, trade mark and other applicable intellectual property laws.

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14.2 What You May Not Do

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Unless we give you express written permission or applicable law permits it, you must not do:

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• Copy, reproduce, distribute or publicly display any part of the Service.
• Reverse engineer, decompile, disassemble or attempt to extract source code or model weights from the Service.
• Modify, adapt or create derivative works based on the Service or its outputs for commercial purposes.
• Remove, alter or obscure any propriertary notices on the Service.
• Resell license or sublicense access to the Service.
• Frame or mirror the Service on any other website without our permission.

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14.3 Feedback

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If you submit feedback, ideas or suggestions about the Service, you grant us the right to use them freely without any obligation to compensate you or credit you.

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15. Beta and Experimental Features

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From time to time, SparkText may offer features that are labelled as beta, experimental, early access or preview. These features are provided as-is and without any warranty whatsoever. They may:

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• Be incomplete, unstable or behave unexpectedly.
• Change significantly or be removed at any time, without notice.
• Not be available to all users or on all plans.
• Produce less reliable outputs than production features.

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Your use of any beta or experimental feature is at your own risk. We will not be liable for any loss or damage arising from your reliance on such features.

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16. Third-Party Services and Platforms

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16.1 Infrastructure and Service Providers

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SparkText relies on third-party service providers to operate - including AI model providers, cloud hosting and database providers, payment processors, authentication providers and analytics tools. We choose these providers carefully, but we are not responsible for any outage, error, data loss or failure caused by a third-party provider's own systems.

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16.2 Dating apps and Messaging Platforms

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SparkText helps you craft messages for use on third-party platforms (such as Tinder, Bumble, Hinge, Instagram, WhatsApp and others). SparkText is not affiliated with, endorsed by, sponsored by, or connected to any of those platforms. Use of SparkText in connection with those platforms must comply with those platforms' own terms of service. We are not responsible for any consequence arising from your use of their platforms.

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16.3 Third-Party Links

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The Service may contain links to external websites or resources. We do not control those sites and are not responsible for their content, accuracy or practices. Accessing them is at your own risk.

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17. Disclaimers

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SparkText is provided "as is" and "as available". We make no warranties - express, implied, or statutory - except where required by law.

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To the fullest extent permitted by applicable law, SparkText expressly disclaims all warranties, including:

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• Implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses.
• Any warranty that outputs will be accurate, complete, reliable, contextually appropriate, or fit for any specific purpose.
• Any warranty that using SparkText will result in a date, a reply, a relationship, or any romantic or social outcome.
• Any warranty that SparkText will correctly detect emotional nuance, intent, risk, or compatibility.
• Any warranty that the Service will be available at any particular time or in any particular location.

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Nothing in these Terms limits any rights you may have under applicable consumer protection law in your jurisdiction that cannot be excluded by contract.

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18. Limitation of Liability

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To the fullest extent permitted by applicable law:

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18.1 Exclusion of Consequential Damages

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SparkText, its directors, employees, contractors, affiliates, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, however caused. This includes, without limitation:

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• Loss of profits or revenue.
• Loss of data or business opportunity.
• Emotional distress, embarrassment or reputational harm.
• Relationship damage, failed romantic outcomes or dating consequences.
• Harm caused by messages you sent using SparkText outputs.
• Service outages or loss of access.
• Issues caused by third-party providers.

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18.2 Cap on Liability

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Our total aggregate liability to you for all claims arising from or relating to the Service or these Terms will not exceed the greater of:

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• The total amount you paid to SparkText in the 12 months preceding the event giving rise to the claim, or
• 50 EURO (fifty euros), if you have not paid us anything.

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18.3 Essential Basis

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You acknowledge that these limitations reflect a reasonable and fair allocation of risk and are an essential element of the basis of the bargain between us. Without them, we would not be able to offer the Service at the prices and terms we do.

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18.4 Consumer Rights

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Nothing in this section affects any statutory rights you have as a consumer that cannot be limited or excluded under the law of your jurisdiction.

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19. Indemnification

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You agree to defend, indemnify and hold harmless SparkText and its directors, employees, contractors, affiliates, suppliers and licensors from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

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• Your use of the Service in violation of these Terms
• Content you upload, submit, or generate using the Service
• Messages you send using SparkText guidance, and their consequences
• Any claim by a third party arising from your conduct in connection with the Service
• Your violation of any applicable law or the rights of any third party

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We reserve the right, at our own expense, to take over the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defence of such claims.

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20. Suspension and Termination

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20.1 By Us

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We may suspend or terminate your access to the Service at any time, with or without notice, for reasons including:

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• Violation of these Terms or our policies
• Conduct that poses a legal, reputational, or security risk to SparkText or its users
• Payment failure or fraud risk
• Request by law enforcement or regulatory authorities
• Cessation of the Service in whole or in part

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Where we suspend for a suspected violation, we may investigate before making a final decision. We will try to give notice where we are able to do so without compromising security or an ongoing investigation.

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20.2 By You

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You may stop using SparkText and delete your account at any time through your account settings or by contacting us at support@spark-text.com. Deleting your account does not entitle you to a refund for any unexpired subscription period, except as required by law.

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20.3 Effect of Termination

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On termination of your account:

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• Your access to paid features will end immediately on the effective termination date
• We will delete or anonymise your personal data in accordance with our Privacy Policy
• Sections 6, 7, 9, 10, 11, 14, 17, 18, 19, 21, and 22 of these Terms will continue to apply after termination

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21. Changes to the Service and These Terms

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21.1 Changes to the Service

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We may update, modify, add, or remove features of the Service at any time. We will try to give reasonable notice of significant changes, particularly those that affect paid features, but we are not obligated to maintain any specific feature or functionality.

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21.2 Changes to These Terms

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We may update these Terms at any time. When we do, we will:

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• Update the "Last Updated" date at the top of this page
• Notify you by email or thorugh an in-app notice for material changes
• Give at least 14 days' notice before material changes take effect, where required by applicable law

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Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the new Terms. If you do not agree, you should stop using the Service and cancel any paid subscription before the changes take effect.

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22. General Provisions

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• Entire agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SparkText regarding the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to an affiliate, successor or acquirer without restriction.
• No partnership: Nothing in these Terms creates a partnership, joint venture, agency, franchise, successor or acquirer without restriction.
• Force majeure: We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including internet outages, AI provider outages, government actions or natural events.
• Language: These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

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23. Contact Information

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If you have any questions about these Terms, please contact us at support@spark-text.com.

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