Terms of Service

1. User Responsibility for Content

Spark is a B2B SaaS reference library tool designed for video production professionals to save, organize, and share creative references. Users are solely responsible for the content they upload, download, or otherwise make available through the Service.

1.1 Your Content

You acknowledge and agree that:

• You are solely responsible for ensuring that you have all necessary rights, licenses, consents, and permissions to save, store, and use any content (including videos, GIFs, and images) that you upload, download, or otherwise make available via Spark.
• Spark acts as a neutral conduit and storage platform. We do not endorse, verify, or take responsibility for the content saved or used by our users.
• You must comply with the terms of service, community guidelines, and any other applicable policies of any third-party platform (e.g., YouTube, Instagram, TikTok, Vimeo) from which you source content.
• Any copyright liability, intellectual property infringement, or other legal responsibility arising from the content you save, store, or use through the Service rests entirely with you, the user, and not with Spark.

2. Copyright and Intellectual Property

Spark respects the intellectual property rights of others and expects its users to do the same.

2.1 Ownership of Content

Spark does not claim ownership of any content that you save, upload, or otherwise make available through the Service. You retain all rights to your content, subject to the licenses granted to Spark in these Terms to operate and provide the Service.

2.2 DMCA Safe Harbor (for US users)

For users in the United States, Spark operates under the Digital Millennium Copyright Act (“DMCA”) safe harbor provisions. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Spark's designated copyright agent as set forth below. We will respond to valid DMCA notices in accordance with applicable law.

2.3 Takedown Policy

If Spark receives a valid notice of alleged copyright infringement or becomes aware of content that violates these Terms or applicable law, we reserve the right to remove or disable access to such content. We will also terminate user accounts that are repeat infringers.

2.4 User Warranties

You warrant that your use of the platform, including the content you save, store, and share, does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party.

3. Acceptable Use

You agree not to use the Service to:

• Store, distribute, or transmit any content that infringes upon the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
• Circumvent any digital rights management (DRM) technologies, access controls, or other protective measures beyond what the Service explicitly facilitates.
• Store, distribute, or transmit any illegal, harmful, offensive, defamatory, obscene, or otherwise objectionable content.
• Resell, sublicense, or otherwise redistribute Spark's Service or any part thereof without our express written permission.
• Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.

4. Subscription and Billing

4.1 Plans and Pricing

Spark offers various subscription plans, including “Creator” (£15/month), “Studio” (£29/user/month), and “Enterprise” (custom pricing). Details of each plan are available on our website.

4.2 Free Trial

All plans include a 30-day free trial. A valid credit card is required at sign-up to initiate the trial. You will not be charged during the trial period. Charges will commence automatically after the 30-day trial period ends, unless you cancel your subscription beforehand.

4.3 Cancellation Policy

You may cancel your subscription at any time. If you cancel before your 30-day free trial ends, you will not be charged. If you cancel after the trial period has ended, your subscription will remain active until the end of your current billing cycle, and you will not be charged for subsequent billing cycles.

4.4 Refund Policy

Spark does not offer refunds for any partial subscription periods or unused services. All subscriptions are non-refundable once the billing cycle has commenced.

4.5 Price Changes

Spark reserves the right to change its prices for subscription plans upon reasonable notice. We will notify you of any price changes at least 30 days in advance of them taking effect. Your continued use of the Service after the price change constitutes your agreement to pay the new price.

5. Data and Storage

5.1 Content Storage

Videos downloaded via Spark and uploaded to Spark's servers are stored on Cloudflare R2. While we take reasonable measures to protect your data, you acknowledge that no system is entirely secure.

5.2 Storage Limits

Spark reserves the right to set storage limits per plan tier. Details of these limits will be provided on our website and may be updated from time to time.

5.3 Data Loss and Backups

Spark is not liable for any data loss. You are responsible for maintaining your own backups of any critical content. We recommend regularly backing up your data.

5.4 Data Upon Termination

Upon cancellation or termination of your account, Spark may retain your content for a defined grace period (e.g., 30 days) to allow for data retrieval. After this grace period, your content may be permanently deleted. It is your responsibility to download any content you wish to retain before account termination.

6. Service Availability

6.1 Uptime

Spark strives to provide a reliable service but does not guarantee 100% uptime. The Service may be subject to planned or unplanned downtime, maintenance, and other interruptions.

6.2 Modifications and Discontinuation

Spark reserves the right to modify, suspend, or discontinue any features or aspects of the Service with reasonable notice. We are not liable for any impact on your use of the Service due to such changes.

6.3 Third-Party Platform Changes

Spark is not liable for any changes made by third-party platforms (e.g., YouTube, Instagram, TikTok, Vimeo) that may affect the functionality or availability of the Service. This includes changes to their APIs, access policies, or terms of service.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Spark's total liability to you for any and all claims arising out of or relating to these Terms or your use of the Service, whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Spark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content.

Spark explicitly excludes liability for any content downloaded from third-party platforms or any issues arising from your interaction with such platforms.

8. Termination

8.1 Termination by Spark

Spark reserves the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, if you breach these Terms. We may also terminate or suspend your account for any other reason at our sole discretion.

8.2 Termination by User

You may terminate your account at any time by following the instructions on the Service or by contacting our support team.

8.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

For users in the United States, nothing in these Terms shall derogate from any mandatory consumer protection laws or other applicable federal and state laws that cannot be waived by contract. Where required, these Terms will be interpreted to comply with such laws.

Contact

For questions about these Terms, contact us at info@get-spark.io.