These Terms of Service (“Terms”) govern your access to and use of the Sparks Simple platform, website, and related services (collectively, the “Service”) provided by Sparks Simple (“we,” “our,” or “us”). Please read these Terms carefully before using the Service.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, in which case “you” refers to that organisation.
2. Description of Service
Sparks Simple provides a software-as-a-service platform that allows businesses to upload PDF and document files and embed a searchable document widget on their website. The Service includes a management dashboard, document processing, full-text search, and an embeddable widget delivered via a JavaScript snippet. Features and availability may vary by subscription plan.
3. Accounts & Registration
To use the Service, you must create an account with a valid email address. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
You must provide accurate and complete information during registration and keep it up to date. You may not share your login credentials with third parties, use another user's account, or create accounts for fraudulent purposes.
You must be at least 18 years old to create an account. If you are under 18, you may not use the Service.
We reserve the right to suspend or terminate accounts that we reasonably believe have been created or used fraudulently, in violation of these Terms, or to the detriment of other users.
4. Acceptable Use
You agree not to use the Service to:
- Upload, store, or distribute content that is unlawful, defamatory, obscene, or that infringes the intellectual property rights of any third party
- Upload documents containing malware, viruses, or malicious code
- Attempt to gain unauthorised access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of the Service
- Scrape, crawl, or otherwise extract data from the Service in an automated manner without our prior written consent
- Reverse-engineer, decompile, or attempt to extract the source code of the Service
- Use the Service to build a competing product or service
- Violate any applicable law or regulation
We reserve the right to remove any content and suspend any account that violates these guidelines, at our sole discretion.
5. Your Content
You retain full ownership of the documents and other content you upload to the Service (“Your Content”). By uploading content, you grant us a limited, non-exclusive, worldwide licence to store, process, and display Your Content solely as necessary to provide the Service to you.
You represent and warrant that: (a) you own or have the rights to all content you upload; (b) your content does not violate the rights of any third party; and (c) your content complies with all applicable laws.
We do not review uploaded content proactively. However, we reserve the right to remove content that violates these Terms or applicable law.
6. Payment & Billing
Subscription plans
Paid plans are billed on a monthly or annual basis. All fees are stated in US dollars and are non-refundable except as required by law or as expressly stated in these Terms.
Payment processing
Payments are processed by Stripe. By providing payment information, you authorise us to charge your payment method for all fees due. You agree to Stripe's terms of service.
Cancellation
You may cancel your subscription at any time via the Settings page. Your plan will remain active until the end of the current billing period. We do not provide partial refunds for unused periods.
Price changes
We reserve the right to change our pricing with at least 30 days' written notice. Continued use of the Service after the effective date constitutes acceptance of the new pricing.
Free plan
We offer a free plan with limited features. We reserve the right to modify or discontinue the free plan at any time with reasonable notice.
7. Intellectual Property
The Service, including its software, design, user interface, text, graphics, and logos, is owned by Sparks Simple and protected by intellectual property laws. Nothing in these Terms grants you ownership of or a licence to use our intellectual property except as expressly stated.
If you provide feedback, suggestions, or ideas about the Service, you grant us an irrevocable, perpetual, royalty-free licence to use that feedback without restriction or compensation to you.
8. Privacy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Service will be uninterrupted, secure, or error-free; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKS SIMPLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
11. Termination
You may terminate your account at any time by deleting it in Settings or contacting us at hello@sparkssimple.com.
We may suspend or terminate your account immediately, without notice, if we determine in our sole discretion that you have violated these Terms, that continued access would harm the Service or other users, or that we are required to do so by law.
Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination will survive, including Sections 5, 7, 9, 10, and 12.
12. Governing Law
These Terms are governed by the laws of the United States, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING.