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Terms of Service

Last Updated: February 8, 2025

Introduction

These terms constitute a legal agreement between you and Spark Dev ("we" or "us"). Your use of getspark.dev (the "Site") and the services made available on the Site ("Services") is subject to these Terms of Service (these "Terms"). By using the Site and any of our Services, you:

  • Acknowledge that you have read and understood these Terms
  • Agree to be bound by these Terms
  • Agree to our Privacy Policy
  • Commit to comply with all applicable laws and regulations

License to Use Our Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use our Services. This license includes the right to use our Services for both personal and commercial purposes, subject to your subscription plan and these Terms.

Intellectual Property Rights

Our Rights

Spark Dev owns and retains all rights, title, and interest in and to:

Brand Elements

  • The "Spark Dev" name and brand
  • The "getspark.dev" domain name and all related domains
  • All Spark Dev logos, designs, and visual elements
  • All marketing materials and website content

Platform Elements

  • The Site architecture and design
  • All platform features and functionalities
  • The user interface and experience design
  • All documentation and supporting materials

Your Rights

You retain full ownership of:

  • All code generated using our Services
  • Applications and solutions built using our platform
  • Custom implementations and modifications
  • Your business logic and application structure

Usage Rights

You may freely:

  • Use generated code commercially
  • Modify and adapt generated code
  • Distribute generated code in any form
  • Sell applications built using our platform
  • Open source your implementations

Services and Pricing

Subscription Plans

Our platform offers the following subscription plans:

  • Starter Plan (750K tokens) - $10
  • Basic Plan (2.5M tokens) - $25
  • Pro Plan (6M tokens) - $50
  • Custom Add-ons (For specific token requirements)

New accounts receive one free request to experience our service.

Token Usage

  • Tokens are consumed when generating code
  • Token allocation is reset based on your subscription plan
  • Unused tokens do not roll over to the next billing period

Support Services

Support is available through:

User Accounts and Content

Account Management

  • You may create an account to use our Services
  • You are responsible for maintaining account security
  • Account deletion requests can be sent to [email protected]
  • We reserve the right to terminate accounts that violate these Terms

Project Visibility

Projects can be:

  • Private - accessible only to you
  • Public - visible to other users and can be cloned

Payment Terms

  • All payments are non-refundable
  • Subscriptions automatically renew unless cancelled
  • You can cancel your subscription at any time
  • No partial refunds for unused portions of the billing period

DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). For any DMCA-related issues, contact us at [email protected] with:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement of good faith belief in the infringement
  • A statement of accuracy under penalty of perjury

Prohibited Uses

You agree not to:

  • Reverse engineer the Services
  • Use automated tools or bots without permission
  • Attempt to access unauthorized areas of the Services
  • Use the Services for illegal activities
  • Violate any applicable laws or regulations
  • Create multiple accounts to circumvent limits
  • Upload malicious code or content
  • Attempt to overwhelm or crash our systems

Disclaimer of Warranties

YOUR USE OF THE SITE, SERVICES AND ALL SPARK DEV CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY GUARANTEES.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES REGARDING:

  • Code generation accuracy or completeness
  • Fitness for any particular purpose
  • Security of generated code
  • Compatibility with other systems
  • Uninterrupted service availability

Limitation of Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, SERVICES, AND CONTENT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM.

WE ARE NOT LIABLE FOR:

  • Any errors in generated code
  • Business losses or damages
  • Data loss or corruption
  • Service interruptions
  • Third-party actions

Changes to Terms

We may update these Terms periodically. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date.

Contact Information

For questions about these Terms, contact us at:

Data Usage and Processing

We collect and process data from your use of the Services to improve our platform, provide support, and enhance user experience. While our Privacy Policy contains detailed information about data collection and processing, this section outlines how we use your data within our Services.

Support and Operational Uses

We utilize collected data to provide comprehensive support and maintain optimal platform operations. This includes:

  • Monitoring system performance
  • Analyzing error patterns
  • Generating internal reports for service improvement
  • Providing effective technical assistance
  • Improving documentation and user guides

Data Retention and Management

  • Data is retained only as long as necessary for the purposes described above
  • You may request data deletion subject to our retention policies and technical feasibility
  • Some data may be retained for compliance purposes

Service Delivery and Fulfillment

Service Access

  • Access to our platform is granted immediately upon successful payment processing
  • You will receive login credentials via email
  • If you experience any issues with access, contact [email protected]

Cancellation Policy

You can cancel your subscription at any time through your account settings.

Cancellation Terms:

  • Your subscription remains active until the end of the current billing period
  • You will continue to have full access until the end of your paid period
  • Your subscription will not automatically renew after cancellation
  • Any unused tokens expire at the end of the subscription
  • No partial refunds are provided for unused portions of the billing period

User Content and Uploads

You may upload content including but not limited to:

  • Code
  • Images
  • Videos
  • Other digital assets

You represent that:

  • You have all necessary rights to upload such content
  • Your content does not violate any laws or third-party rights
  • You are solely responsible for your content and its use

Promotions and Feedback

Promotions

We may offer promotions, contests, or sweepstakes, which may have additional terms and conditions.

User Feedback

  • We welcome feedback and suggestions
  • We may implement any feedback without compensation
  • Providing feedback grants us a perpetual, worldwide license to use it
  • No credit or compensation is due for implemented suggestions

Indemnification

You agree to defend, indemnify, and hold harmless Spark Dev, including our officers, directors, employees, agents, licensors, affiliates, and representatives, from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of our platform and services
  • Breach of these Terms
  • Infringement of third-party rights
  • Applications, websites, or services you create using our platform
  • Any content you submit or share through our services

Legal Notices and Governing Law

These Terms shall be governed by Delaware law, excluding conflicts of law principles. Any disputes related to these Terms or your use of our platform must be brought exclusively in the courts of Delaware, and you consent to the personal jurisdiction of these courts.

Our failure to exercise any right or provision of these Terms doesn't constitute a waiver unless we acknowledge it in writing. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full effect.

Access is prohibited from United States embargoed countries or by denied or restricted parties under U.S. law.