Welcome to Sparks! These Terms of Use govern your access to and use of the Sparks mobile application ("App"). Please read these Terms carefully. By using the App, you agree to be bound by these Terms.
Last Updated: March 31, 2025
By accessing or using Sparks, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you disagree, please refrain from using the App.
Sparks is a mobile application that allows users to edit photos with prompts using AI-powered features. Key features include:
Sparks allows anonymous use via Firebase Authentication. You are solely responsible for the security of your device and access to the App. You agree not to share your account credentials or transfer your account to another user. Please immediately notify us at mirkancaliskan@gmail.com if you suspect unauthorized use of your account.
You agree to:
You retain ownership of the content (photos, prompts) you upload or create using Sparks ("Your Content"). By uploading Your Content, you grant Sparks a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content solely to the extent necessary to provide, maintain, and improve the App's services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant this license to Sparks for Your Content.
Sparks and all its features, including but not limited to software, text, graphics, logos, images, as well as the compilation thereof, and any software used on the App ("Our Content"), is the property of Sparks or its suppliers and protected by copyright and other intellectual property laws. You agree not to copy, modify, distribute, sell, or lease any part of Our Content or the App, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.
Sparks may offer free and premium features. Access to premium features may require payment of a subscription fee. Payments are processed through the Apple App Store or Google Play Store ("App Stores"). Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscriptions and turn off auto-renewal by going to your account settings in the respective App Store after purchase. All payments are subject to the terms and conditions of the App Stores. Refund policies are governed by the respective App Store policies. Usage data related to subscriptions may be shared with our subscription management provider (RevenueCat) in accordance with our Privacy Policy.
Sparks integrates with and uses third-party services to provide its functionality. These include, but are not limited to: Firebase (Authentication, Firestore, Storage, Analytics), RevenueCat (subscription management), OpenAI, Google, Replicate.com, Fal.ai (AI model providers), Apple App Store, and Google Play Store (distribution and payment platforms). Your use of these third-party services is subject to their respective terms of service and privacy policies. Sparks is not responsible for the practices of these third-party services.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. SPARKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPARKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPARKS DOES NOT WARRANT THAT THE APP, ITS SERVERS, OR E-MAIL SENT FROM SPARKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPARKS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APP OR ANY RELATED SERVICES. THE OPERATION OF THE APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SPARKS'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP IS LIMITED TO THE AMOUNT YOU HAVE PAID TO SPARKS FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING.
You agree to defend, indemnify, and hold harmless Sparks and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account; b) a breach of these Terms, or c) Content posted on the App.
Sparks reserves the right to terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may include notification via the App or by updating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Sparks operates its primary business, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
For any questions about these Terms, please contact:
Mirkan CALISKAN
mirkancaliskan@gmail.com
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
By using Sparks, you acknowledge that you have read these Terms of Use and agree to be bound by them.