Terms of Service

Welcome to Sparch. These Terms of Service ("Terms") govern your access to and use of the Sparch platform, including our mobile applications, website at sparch.ai, and all related services (collectively, the "Services") provided by Sparch, Inc. ("Sparch," "we," "us," or "our").

By accessing or using Sparch, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Who Can Use Sparch

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. By using the Services, you represent that you meet these requirements.

If you use Sparch on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Your Account

You need an account to use most features of Sparch. You agree to:

• Provide accurate and complete registration information
• Keep your credentials secure and not share them with others
• Notify us immediately of any unauthorized access to your account

You are responsible for all activity under your account. You can delete your account at any time. After a 30-day recovery window, all associated data is permanently deleted.

3. What Sparch Provides

Sparch is an agentic AI platform that gives you access to multiple AI capabilities:

• Multi-model AI chat: Conversations powered by models from OpenAI, Anthropic, Google, Mistral, and Cohere
• Agentic web browsing: An AI agent that can navigate websites, understand visual content, and take actions on your behalf
• Image generation: Create images using models such as DALL-E, Flux, Stable Diffusion, Ideogram, and others
• Video generation: Create videos using models such as Veo, Kling, Luma Dream Machine, Pika, and others
• Voice and audio: Dictation, audio transcription, and voice conversations
• Document analysis: Upload and analyze PDFs, images, code, and other files
• Widget suite: A collection of built-in AI tools, including creative studios (image and video generation, design and video editing, writing, film and story planning, slides, 3D models), learning tools (tutoring, languages, music practice, scripture reading and memorization), daily-life tools (fitness and meal logging, recipes, wardrobe styling, journaling, mindfulness, voice memos, document scanning, notes), travel and money tools (trips, translation, currency, market watchlists, bank-linked spending insights), and games. The set of available widgets may change over time, and individual widgets may be added, modified, or removed
• Sparks: An ecosystem of user-created and installable AI extensions that add specialized capabilities

We may modify, suspend, or discontinue any part of the Services at any time.

4. Assumption of Risk; AI Output and Accuracy

YOUR USE OF THE SERVICES, INCLUDING ALL AI-GENERATED OUTPUTS AND AGENTIC ACTIONS, IS SOLELY AT YOUR OWN RISK. The Services, outputs, and actions are provided on an "as is" and "as available" basis. You acknowledge and agree that:

• AI outputs are generated by third-party models and may contain errors, inaccuracies, hallucinations, or biases, even when they appear accurate or authoritative
• You should not rely on any AI outputs or agentic actions without independently verifying their accuracy
• You must not rely on AI outputs as the sole basis for medical, legal, financial, safety-critical, or other consequential decisions
• Sparch does not guarantee the accuracy, reliability, completeness, or appropriateness of any AI-generated content
• The agentic browser acts based on AI interpretation, which may misunderstand your intent, interact with websites incorrectly, or produce unintended consequences
• Image and video outputs may not match your expectations and may contain artifacts, distortions, or unintended content
• AI outputs may not reflect correct, current, or complete information

You are solely responsible for evaluating, reviewing, and verifying all AI outputs and agentic actions before relying on or acting upon them. Any reliance you place on AI-generated content or actions taken by the agentic browser is strictly at your own risk.

No Professional Advice

Sparch's widgets provide general-purpose information and AI-generated suggestions. They do not provide professional advice of any kind:

• Not medical advice: Fitness, nutrition, recipe, and mindfulness features offer general wellness content only. They are not medical, dietary, or mental-health advice and are no substitute for a qualified professional. Consult your physician before starting any exercise or diet program, and stop immediately if you feel pain or discomfort
• Not financial advice: Finance features — including spending insights from linked bank accounts, budget simulations, market watchlists, and currency information — are informational only. Market and pricing data may be delayed, incomplete, or inaccurate. Nothing in the Services is investment, tax, or financial advice, and you should not make financial decisions based solely on these features
• Not educational or career guarantees: Tutoring, language, music, career, and other learning tools are informational. We make no guarantee of learning outcomes, exam results, or employment results
• Religious and translated content: Scripture texts, translations, and related study aids may contain errors or differ between editions. Verify against an authoritative source where accuracy matters to you
• Content for children: Some widgets can generate content intended to be enjoyed by children (such as illustrated stories). The account holder is an adult, and you are responsible for reviewing any AI-generated content before sharing it with a child

When you submit photos or documents that include other people, you are responsible for having the necessary permission to use them.

5. Agentic Browsing and Automated Actions

5.1 User Direction and Responsibility

Sparch's agentic browsing feature allows AI to navigate websites and take actions on your behalf based on your instructions. You are responsible for all actions the AI agent performs while using the Services, including any interactions with third-party websites, services, or platforms. The AI agent acts as your agent, carrying out tasks at your direction. You represent that you have all necessary rights, permissions, and authority to direct the agent to perform the actions you request.

5.2 Third-Party Website Terms and Compliance

It is your sole responsibility to ensure that your use of the agentic browser complies with the terms of service, acceptable use policies, and any other applicable rules of the third-party websites and services the agent accesses. Sparch is not a party to any agreement between you and third-party website operators. We do not control, endorse, or assume responsibility for any third-party content, services, or policies encountered through the agentic browser.

5.3 No Liability for Agentic Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARCH SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES ARISING FROM OR RELATED TO:

• Actions taken by the AI agent on third-party websites or services, whether or not such actions were intended by you
• Any alleged violation of a third-party website's terms of service, robots.txt directives, or other policies resulting from your use of the agentic browser
• Transactions, purchases, submissions, or communications initiated or completed by the AI agent on your behalf
• Data accessed, displayed, or processed by the AI agent during browsing sessions
• Any consequences arising from the AI agent misinterpreting your instructions or taking unintended actions
• Third-party claims against Sparch or you arising from the agent's interaction with external websites or services

You agree to defend, indemnify, and hold Sparch harmless from any claims brought by third parties (including website operators) related to the AI agent's access to or interaction with their services at your direction.

5.4 Agentic Actions Are Not Error-Free

Agentic actions may not be error-free or operate as you intended. The AI agent may click wrong elements, fill in incorrect information, navigate to unintended pages, or fail to complete tasks. You should monitor agentic sessions and intervene when necessary. Sparch provides the agentic browsing capability as a tool; the decision to use it and the consequences of its actions rest entirely with you.

6. Sparks Ecosystem

6.1 What Are Sparks

Sparks are AI-powered extensions that users can create, publish, install, and run within Sparch. Sparks can monitor webpages, process messages, analyze media, run on schedules, and inject content into browsing sessions, depending on their declared permissions.

6.2 User-Created Sparks

If you create and publish a Spark, you are responsible for:

• Ensuring it does not violate these Terms or applicable law
• Accurately describing its functionality and required permissions
• Assigning an appropriate age rating (4+, 9+, 12+, 17+)
• Not including malicious code, deceptive behavior, or content that harms users

6.3 Installing Sparks

When you install a Spark, review its requested permissions carefully. Sparks may access your browsing context, chat messages, uploaded media, or run background processes depending on their permissions. You can uninstall any Spark at any time.

6.4 Spark Moderation

We reserve the right to remove, disable, or restrict any Spark that violates these Terms, contains harmful content, or poses a security risk, without prior notice.

7. Subscription Plans and Billing

7.1 Subscription Tiers

Sparch offers multiple subscription tiers (Free, Starter, Pro, Premium, Ultra) with different usage limits and feature access. Details are available in the app and on our website.

7.2 Usage Limits and Credits

Each tier includes monthly allowances for tokens, image generations, video generations, and transcription minutes. Some features consume credits drawn from these allowances. If you exceed your limits, certain features may be restricted until your next billing cycle, until you upgrade your plan, or until you purchase a top-up.

Top-up packs. You may purchase optional one-time packs of additional credits or tokens that apply on top of your plan's allowances. Top-ups are consumable, tied to your account, and non-transferable. Current pack contents, prices, and any subscriber bonuses are shown at the point of purchase in the app.

7.3 Billing and Payment

Purchases made inside our iOS app — including subscriptions and top-up packs — are billed through your Apple App Store account and are subject to Apple's payment terms. Purchases made outside the App Store are billed through Stripe. Paid subscriptions are billed in advance on a monthly basis. You authorize the applicable payment processor to charge your payment method for all fees you incur. All prices are in US dollars unless otherwise stated.

7.4 Cancellation

You may cancel your subscription at any time. For subscriptions purchased through the App Store, manage or cancel the subscription in your Apple account settings. Your access continues through the end of the current billing period. After that, your account reverts to the Free tier.

7.5 Refunds

Subscription fees and top-up purchases are generally non-refundable, except where required by law. Purchases made through the Apple App Store are subject to Apple's refund policies and must be requested through Apple. For other purchases, we may provide refunds at our sole discretion. Contact support@sparch.ai for inquiries.

7.6 Price Changes

We may modify pricing with at least 30 days' notice to existing subscribers before any increase takes effect.

8. Acceptable Use

You agree not to:

• Use Sparch to generate content that is illegal, harmful, harassing, defamatory, or that violates third-party rights
• Attempt to generate content depicting child sexual abuse material or non-consensual intimate imagery
• Use the agentic browser to automate actions on websites in violation of those sites' terms of service, robots.txt directives, or other access policies
• Direct the agentic browser to access websites or services for which you do not have proper authorization
• Circumvent usage limits, access restrictions, or content safety filters
• Reverse engineer, decompile, or extract models, weights, or proprietary systems
• Use the Services to develop competing AI products by systematically extracting outputs
• Interfere with or disrupt the Services, servers, or networks
• Access other users' accounts or data without authorization
• Use the Services for spam, phishing, or distributing malware
• Misrepresent AI-generated content as human-created in contexts where disclosure is required by law
• Create Sparks that harvest user data, impersonate other services, or engage in deceptive practices

We may suspend or terminate your account for violations without prior notice.

9. Your Content and Intellectual Property

9.1 Your Inputs

You retain ownership of text, images, files, and other content you submit to Sparch ("Your Content"). By submitting content, you grant us a limited license to process, transmit, and store it solely for the purpose of providing the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to submit Your Content and to direct the AI agent to perform actions using or based on Your Content.

9.2 AI-Generated Outputs

Subject to these Terms and applicable law, you may use AI-generated outputs for personal and commercial purposes. However:

• AI outputs may be similar or identical to outputs generated for other users from similar prompts
• We make no representations or warranties that AI outputs are unique, original, non-infringing, or free from intellectual property claims
• You are solely responsible for ensuring your use of outputs complies with applicable laws, including intellectual property, publicity, and disclosure requirements
• Certain AI model providers may have additional terms governing use of outputs generated by their models
• If you use AI-generated content in a way that infringes on third-party intellectual property rights, the liability rests with you, not Sparch

9.3 Our Intellectual Property

The Sparch platform, including its software, design, branding, and documentation, is owned by Sparch, Inc. and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.

9.4 Your Personal Sparch Model

Sparch may build and maintain a personal AI model for your account — a private memory bank and, where applicable, model weights derived exclusively from Your Content and your activity inside Sparch (see the Privacy Policy, Section 11, for what feeds it and the controls you have). By using the Services with the personal model enabled, you grant us a limited license to process Your Content for this purpose, solely to provide personalized responses to you and to anyone you explicitly link through family sharing. Your personal model is not used to serve other users, is not merged with other users' models, and is deleted when you erase it in the app or delete your account. Personal-model answers are AI outputs and Section 4 (Assumption of Risk; AI Output and Accuracy) applies to them equally — verify important details before relying on them.

9.5 Family Sharing of Personal Models

If you link personal models with family members, you are responsible for what you choose to share and for having the right to share it. Linked members can receive answers derived from the data categories you granted, until you or they revoke the link. Do not link your model with anyone you do not trust with that data.

10. Third-Party Services, Models, and Content

Sparch relies on third-party AI model providers and service providers. Your use of these is subject to their respective terms:

• AI models: OpenAI, Anthropic, Google, Mistral, Cohere, and various image/video/audio model providers, in some cases accessed through model aggregators such as fal.ai and Replicate
• Payments: Apple App Store (in-app purchases) and Stripe
• Authentication and storage: Firebase (Google) and Amazon Web Services (AWS)
• Financial services: Plaid (when you choose to link a bank account)

We do not control, endorse, or assume any responsibility for any third-party content, websites, services, or policies. Third-party content accessed through the Services (including via the agentic browser) is the sole responsibility of the person or entity that provides it. We are not liable for any loss or damage arising from your use of or reliance on third-party content, services, or integrations.

If a model provider changes their terms, pricing, or availability, we may need to adjust the models or features available to you without prior notice.

11. Privacy

Our collection, use, and protection of your information is described in our Privacy Policy, which is incorporated into these Terms by reference.

12. Disclaimers

THE SERVICES, ALL AI-GENERATED OUTPUTS, AND ALL AGENTIC ACTIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, Sparch disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing:

• We do not warrant that AI outputs will be accurate, complete, current, or suitable for any purpose
• We do not warrant that the Services will be uninterrupted, timely, secure, or error-free
• We do not warrant that the agentic browser will correctly interpret or execute your intended actions, or that it will comply with any third-party website's terms of service
• We do not control and are not responsible for third-party content accessed, displayed, or interacted with through the agentic browser
• We do not warrant that Sparks created by other users are safe, functional, accurate, or appropriate
• We do not warrant that AI-generated images, videos, or other media will be free from artifacts, inaccuracies, or unintended content
• We make no warranty regarding the legal status, ownership, or non-infringement of AI-generated outputs

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARCH, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "SPARCH PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or related to:

• Your access to, use of, or inability to use the Services
• Any AI-generated output or agentic action, whether or not such output or action was intended or expected
• Actions taken by the AI agent on third-party websites or services
• Any third-party claims arising from your use of the agentic browser or AI-generated content
• Unauthorized access to or alteration of your data or transmissions
• Sparks created by other users that you install or interact with
• Any conduct or content of any third party on or accessed through the Services

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise), even if the Sparch Parties have been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed of its essential purpose.

THE SPARCH PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SPARCH IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SPARCH PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) arising out of or related to:

• Your access to, use of, or alleged use of the Services
• Any AI-generated outputs you use, distribute, publish, or act upon
• Actions taken by the AI agent at your direction, including interactions with third-party websites, services, or platforms
• Any claim by a third party (including website operators) that the agentic browser's access to or interaction with their service violated their terms, policies, or rights
• Sparks you create, publish, or distribute
• Your Content or any content you submit through the Services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights
• Any actual or alleged fraud, intentional misconduct, negligence, or illegal acts committed by you in connection with the Services

This indemnification obligation survives the termination of your account and these Terms. Sparch reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal claim, contact us at legal@sparch.ai. We will attempt to resolve the dispute within 60 days.

15.2 Binding Arbitration

If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration under the rules of the American Arbitration Association, conducted in English in San Francisco, California, unless otherwise agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND SPARCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

15.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND SPARCH EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

16. General Provisions

• Governing law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles
• Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force and effect
• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Sparch regarding the Services and supersede all prior agreements
• Waiver: No failure or delay by Sparch in exercising any right shall constitute a waiver of that right
• Assignment: You may not assign these Terms without our prior written consent. We may assign them without restriction
• Modifications: We may update these Terms at any time. Material changes will be posted with a revised effective date. Your continued use after changes constitutes acceptance of the revised Terms
• Survival: Sections 4 (Assumption of Risk), 5 (Agentic Browsing), 9 (IP), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and this section shall survive termination of these Terms

17. Contact Us

Questions about these Terms? Reach out:

Sparch, Inc.
Email: legal@sparch.ai
Support: support@sparch.ai
Website: https://sparch.ai