Terms of Service

Effective Date: April 3, 2026

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
  • 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.

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

Each tier includes monthly allowances for tokens, image generations, video generations, and transcription minutes. If you exceed your limits, certain features may be restricted until your next billing cycle or until you upgrade your plan.

7.3 Billing and Payment

Paid subscriptions are billed in advance on a monthly basis through Stripe. You authorize us to charge your payment method for all applicable fees. All prices are in US dollars unless otherwise stated.

6.4 Cancellation

You may cancel your subscription at any time. Your access continues through the end of the current billing period. After that, your account reverts to the Free tier.

6.5 Refunds

Subscription fees are generally non-refundable. We may provide refunds at our sole discretion. Contact support@sparch.ai for inquiries.

6.6 Price Changes

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

7. 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
  • 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.

8. Your Content and Intellectual Property

8.1 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.

8.2 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 do not guarantee that outputs are unique, original, or non-infringing
  • You are responsible for ensuring your use of outputs complies with applicable laws, including intellectual property and disclosure requirements
  • Certain AI model providers may have additional terms governing use of outputs generated by their models

8.3 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. Third-Party Services and Models

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 model providers
  • Payments: Stripe
  • Authentication and storage: Firebase (Google)
  • Financial services: Plaid (when applicable)

We are not responsible for the availability, accuracy, or policies of third-party services. If a model provider changes their terms, pricing, or availability, we may need to adjust the models or features available to you.

10. Privacy

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

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the above:

  • We do not warrant that AI outputs will be accurate, complete, or suitable for any purpose
  • We do not warrant that the Services will be uninterrupted, secure, or error-free
  • We do not warrant that the agentic browser will correctly interpret or execute your intended actions
  • We are not responsible for third-party content accessed through the agentic browser
  • We do not warrant that Sparks created by other users are safe, functional, or appropriate

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Sparch 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, revenue, data, or business opportunities, arising from your use of the Services.

Our total liability shall not exceed the greater of the amount you paid to Sparch in the twelve (12) months preceding the claim, or $100.

13. Indemnification

You agree to indemnify and hold harmless Sparch from claims, liabilities, damages, and expenses arising from:

  • Your use of the Services or AI-generated outputs
  • Your violation of these Terms
  • Content you submit or Sparks you create
  • Your violation of any third-party rights

14. Dispute Resolution

14.1 Informal Resolution

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

14.2 Binding Arbitration

Unresolved disputes shall be settled through binding arbitration under the rules of the American Arbitration Association, conducted in English in San Francisco, California, unless otherwise agreed.

14.3 Class Action Waiver

Disputes will be resolved on an individual basis only. You waive any right to participate in class, consolidated, or representative proceedings.

15. 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 effect
  • Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Sparch
  • Waiver: Failure to enforce a provision does not constitute a waiver of that provision
  • Assignment: You may not assign these Terms without our 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. Continued use constitutes acceptance

16. Contact Us

Questions about these Terms? Reach out:

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