Terms of Service

Last updated: December 2024

1. Agreement to Terms

Welcome to Spark Social. These Terms of Service ("Terms") govern your use of our influencer marketing platform and services. By accessing or using Spark Social, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our services. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Description of Service

Spark Social provides an influencer marketing platform that connects brands with content creators and influencers. Our services include:

  • Campaign management and optimization tools
  • Influencer discovery and matching services
  • Performance analytics and reporting
  • Payment processing and contract management
  • Content review and approval workflows

3. User Responsibilities

3.1 Account Registration

Users must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of others
  • Upload malicious code or compromise platform security
  • Engage in fraudulent or deceptive practices
  • Harass, abuse, or harm other users
  • Create fake accounts or misrepresent your identity

3.3 Content Standards

All content shared through our platform must comply with applicable advertising standards, disclosure requirements, and community guidelines. Users are responsible for ensuring their content is legal, truthful, and appropriate.

4. Intellectual Property Rights

4.1 Platform Rights

Spark Social owns all rights, title, and interest in the platform, including but not limited to software, algorithms, designs, trademarks, and trade secrets. Users receive a limited, non-exclusive license to use our services.

4.2 User Content

Users retain ownership of their original content but grant Spark Social a worldwide, royalty-free license to use, modify, and distribute such content for platform operations, marketing, and service improvement purposes.

4.3 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act. If you believe your copyright has been infringed, please contact us with a detailed notice.

5. Service Limitations and Availability

Our services are provided "as is" and "as available." While we strive for continuous availability, we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

Service limitations include but are not limited to:

  • Scheduled maintenance and updates
  • Third-party service dependencies
  • Network connectivity issues
  • Force majeure events beyond our control

6. Payment Terms and Billing

6.1 Fees and Charges

Subscription fees, transaction fees, and other charges are clearly outlined in your service agreement. All fees are non-refundable unless otherwise specified. We reserve the right to modify pricing with 30 days advance notice.

6.2 Payment Processing

Payments are processed through secure third-party providers. You authorize us to charge your designated payment method for all applicable fees. Failed payments may result in service suspension.

7. Disclaimers and Limitation of Liability

7.1 Service Disclaimers

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

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARK SOCIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

7.3 Third-Party Services

Our platform may integrate with third-party services. We are not responsible for the availability, accuracy, or content of such external services and disclaim all liability related to your use of third-party services.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy.

We implement industry-standard security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account information.

9. Termination

9.1 Termination by User

You may terminate your account at any time by following the account closure process in your settings. Termination does not relieve you of any outstanding payment obligations.

9.2 Termination by Spark Social

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason that may harm our platform or other users. We will provide notice when reasonably possible.

10. Governing Law and Dispute Resolution

10.1 Governing Law

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

10.2 Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration administered by the American Arbitration Association, except for claims seeking injunctive relief.

10.3 Jurisdiction

You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions not subject to arbitration.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Spark Social.

11.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

11.3 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

11.4 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, wars, terrorism, or government actions.

12. Contact Information

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

Email: amanda@sparksocialai.co

Phone: 919-360-0299

These Terms of Service are effective as of December 1, 2024

Last updated: December 15, 2024