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Legal

Terms of Use

Effective date: January 1, 2025  ·  Last updated: January 1, 2025

Please read these Terms carefully before using Sparkal. By downloading or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Sparkal ("we," "us," or "our") governing your access to and use of the Sparkal mobile application ("App") and related services.

By accessing or using the App, you confirm that you are at least 13 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher), that you have read and understand these Terms, and that you agree to be bound by them.

2. Description of Service

Sparkal is a mobile application for iOS and Android that enables users to create photo collages and Instagram content using curated templates. The App is available in a free tier and a premium subscription tier ("Sparkal Pro").

We reserve the right to modify, suspend, or discontinue the App or any part of it at any time, with or without notice.

3. User Accounts

You may use the App without creating an account. To access cross-device sync, saved templates, and Pro subscription benefits, you must sign in using Sign In with Apple or Google Sign In.

  • You are responsible for maintaining the security of your account credentials.
  • You are responsible for all activity that occurs under your account.
  • You must notify us immediately of any unauthorised use of your account.
  • We reserve the right to terminate accounts that violate these Terms.

4. Subscriptions and Payments

4.1 Sparkal Pro

Sparkal Pro is a paid subscription that unlocks premium templates, video tile export, exclusive story layouts, unlimited carousel slides, early access to new designs, watermark removal, and priority support.

4.2 Pricing and Billing

Sparkal Pro is available at the following prices (USD; Apple and Google convert to local currency automatically):

  • Weekly: $1.99 per week
  • Monthly: $5.99 per month
  • Yearly: $29.99 per year

All subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.

4.3 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time within a period.

4.4 Refunds

All purchases are processed by Apple (App Store) or Google (Google Play). Refund requests are subject to their respective refund policies. We do not independently process refunds.

4.5 Free Trial

We may offer free trials at our discretion. If you do not cancel before the trial ends, you will be charged the applicable subscription price.

5. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You must not:

  • Use the App to create, upload, or distribute content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Infringe the intellectual property rights of any person or entity.
  • Attempt to reverse engineer, decompile, or disassemble any part of the App.
  • Use automated tools, bots, or scripts to access or interact with the App.
  • Attempt to gain unauthorised access to any part of the App or its infrastructure.
  • Remove, alter, or obscure any proprietary notices, watermarks, or branding within the App.
  • Redistribute, resell, or sublicense the App or its templates to third parties.
  • Use the App in any manner that could damage, overburden, or impair our servers or networks.

6. Intellectual Property

6.1 Sparkal IP

The App, including its design, templates, graphics, code, branding, and all other content, is owned by Sparkal and protected by applicable intellectual property laws. These Terms do not transfer any ownership rights to you.

6.2 Template Licence

Subject to your compliance with these Terms (and, for Pro templates, a valid Sparkal Pro subscription), we grant you a limited, non-exclusive, non-transferable, revocable licence to:

  • Use the templates within the App to create personal or commercial Instagram and social media content.
  • Export and publish collages created with Sparkal templates on social media platforms.

You may not: distribute the raw template files; claim the templates as your own design work; or use them in ways not expressly permitted above.

6.3 Your Content

You retain all ownership rights to the photos you use within the App. By using the App, you represent and warrant that you have all necessary rights to use the photos you upload. Sparkal does not claim any ownership rights over your photos.

6.4 AI-Generated Assets

Some template design elements used within the App may be AI-generated. Such assets are licensed for commercial use within the App and for content you create and export. No separate attribution is required for AI-generated elements incorporated into your exported collages.

7. User-Generated Content

The App does not include a public sharing or posting feature within the App itself. All content you create is exported to your device and shared by you independently on third-party platforms (e.g., Instagram). You are solely responsible for the content you share and must comply with the terms of service of those third-party platforms.

8. Third-Party Services

The App integrates with the following third-party services. Your use of these services is governed by their respective terms and privacy policies:

  • Apple (Sign In with Apple, App Store): apple.com/legal
  • Google (Google Sign In, Google Play): policies.google.com/terms
  • Supabase (cloud database & auth): supabase.com/terms
  • RevenueCat (subscription management): revenuecat.com/terms

We are not responsible for the practices of these third-party services.

9. 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 free of viruses or other harmful components. We do not warrant that any defects will be corrected or that the App will meet your specific requirements.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARKAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

  • Your use of or inability to use the App.
  • Any unauthorised access to or alteration of your data.
  • Any content obtained from the App.
  • Any other matter relating to the App.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $10 USD IF YOU HAVE NOT MADE ANY PAYMENTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sparkal and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party rights.

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination will survive (including intellectual property provisions, disclaimers, and limitations of liability).

You may stop using the App at any time. To delete your account and associated data, contact us at the email below.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Sparkal is incorporated, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration, except that either party may seek injunctive relief in a court of competent jurisdiction for matters involving intellectual property.

14. 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 and, where appropriate, notify you via the App or email. Your continued use of the App after the effective date of revised Terms constitutes your acceptance of those Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sparkal with respect to the App and supersede all prior or contemporaneous understandings.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Sparkal
Email: support@sparkal.app
Website: sparkal.app

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