Terms of Use

1. Acceptance of Terms

By registering for, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SPARK provides tools to design, publish, distribute, and analyze questionnaires and surveys, including question building, logic and validation, response collection, and data export. We may add, modify, or discontinue features of the Service at any time, with or without notice, though we will make reasonable efforts to notify users of material changes.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account. By registering, you represent and warrant that you meet this requirement and that all registration information you provide is accurate, current, and complete.

4. Account Registration & Security

Certain features require registration. New accounts are subject to administrator review and approval before access is granted. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us promptly of any unauthorized use of your account or other breach of security

We reserve the right to grant accounts with time-limited access, refuse registration, or suspend or revoke access to any account, at our discretion, including where we believe the information provided is inaccurate or the account is being used in violation of these Terms.

5. Acceptable Use

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

• Use the Service to violate any applicable law or regulation
• Collect Personal Data from Respondents without a lawful basis, adequate notice, or required consent
• Use the Service to harass, defame, or infringe upon the rights of any third party
• Attempt to gain unauthorized access to any part of the Service, other accounts, or related systems or networks
• Interfere with or disrupt the integrity or performance of the Service
• Upload or transmit viruses, malware, or other harmful code
• Use automated means (bots, scrapers) to access the Service except as expressly permitted
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where applicable law permits

6. Content & Data Ownership

As between you and SPARK, you retain all rights, title, and interest in and to the questionnaires you create and the Response Data collected through them ("Your Content"). You grant SPARK a limited, non-exclusive, worldwide license to host, store, process, and display Your Content solely as necessary to provide and improve the Service.

You are solely responsible for Your Content, including its legality, accuracy, and compliance with applicable data protection law with respect to any Personal Data it contains. See Section 7 of our Privacy Policy for how responsibility for Respondent data is allocated between you and SPARK.

7. Intellectual Property

The Service, including its software, design, text, graphics, logos, and underlying technology (excluding Your Content), is owned by SPARK or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you to use the Service, no right, title, or interest in the Service is transferred to you.

8. Prohibited Uses

In addition to Section 5, you specifically agree not to use the Service to:

• Collect sensitive categories of Personal Data (health, financial, biometric, or similar) from Respondents without appropriate safeguards, legal basis, and, where required, explicit consent
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Distribute unsolicited commercial communications ("spam") via the Service's sharing features
• Engage in any activity that could disable, overburden, or impair the proper functioning of the Service

9. Third-Party Services

The Service may integrate with or link to third-party services. We are not responsible for the availability, accuracy, or practices of any third-party service, and your use of such services is governed by their own terms.

10. Fees & Payment

Certain features of the Service may be offered free of charge, while others may require payment of fees, as described on our Pricing page where applicable. If you subscribe to a paid plan, you agree to pay all applicable fees as they become due. Fees are non-refundable except as required by law or as expressly stated at the time of purchase. We reserve the right to change our pricing with reasonable advance notice.

11. Termination & Suspension

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause or notice, including for violation of these Terms. You may stop using the Service and request account deletion at any time by contacting us. Upon termination, your right to use the Service will immediately cease; provisions of these Terms that by their nature should survive termination (including Sections 6, 7, 12, 13, and 14) will survive.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DATA WILL NEVER BE LOST OR CORRUPTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless SPARK and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) Your Content, including any Personal Data you collect through it; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SPARK is established, without regard to its conflict of law principles. [Specify your governing jurisdiction and, if desired, an arbitration/dispute-resolution clause here — this is a placeholder for you and your attorney to finalize.] Any disputes arising out of or relating to these Terms or the Service shall be resolved in the courts of competent jurisdiction located in that jurisdiction, and you consent to the personal jurisdiction of such courts.

16. Changes to These Terms

We may modify these Terms from time to time. Material changes will be indicated by updating the "Last updated" date above and, where appropriate, through additional notice. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SPARK regarding the Service and supersede any prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18. Contact Us

If you have questions about these Terms, please reach out via our Contact Us page.