Terms of Use | SparkRockets

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Terms of Use

Last Updated: May 29th, 2024


THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE SPARKROCKETS WEB APPLICATION (THE “SITE”) AND ANY SERVICES AVAILABLE ON THE SITE (THE “APPLICATION”) (COLLECTIVELY, THE “SERVICES”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SPARKROCKETS, INC. (“COMPANY” “WE,” “OUR,” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES. YOUR REGISTRATION FOR AN ACCOUNT OR ANY OTHER USE OF THE SERVICES WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. 

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS. IF YOUR ACCEPTANCE OF THESE TERMS IS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY AS WELL AS TO YOURSELF. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES. 

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms available at SPARKROCKETS.COM/TERMS or the “Terms” section of the Application. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have provided your e-mail address to us, we will also send an e-mail to you pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Services and will be effective thirty (30) days after posting notice of such changes on the Services for existing Users; however, any material changes shall be effective for existing Users for whom we have an e-mail address upon the earlier of (i) thirty (30) days after posting notice of such changes on the Services and (ii) thirty (30) days after dispatch of an e-mail notice of such changes. Company may require you to provide affirmative agreement to the updated Terms in a specified manner before further use of the Services is permitted. In such case, if you do not agree to any change(s) after receiving notice of such change(s), your right to access and use the Services shall immediately terminate, and you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS. 

1. ACCESS TO THE SERVICES

1.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to access the Services and to use the features and functionalities of the Services made available to you, in each case solely for your own personal or internal business purposes.

1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) reproduce, display, download, modify, create derivative works of or distribute the Services, or attempt to reverse engineer, decompile, disassemble or access the source code for the Services or any component thereof; (b) use the Services, or any component thereof, in the operation of a service bureau to support or process any content, data, or information of any party other than Customer; (c) permit any other party to access and use the Services using your credentials; or (d) access or use the Services to create a competing product or service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Service) must be retained on all copies thereof.

1.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

1.4 Support. Company may provide basic support and troubleshooting in its sole discretion. You may request support from Company regarding your use of the Services by contacting support@sparkrockets.com. 

1.5 Ownership. Excluding any Customer Data that you may provide (defined in Section 3.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2. Privacy

Our Privacy Policy is located at https://www.sparkrockets.com/privacy. We provide our Privacy Policy to give you information to learn about:

  • * What information we may collect about you;
  • * What we use that information for; and
  • * With whom we share that information.

3. CUSTOMER DATA

3.1 “Customer Data” means any and all electronic data and information you input or submit to the Services (including Business Information) and all output created by the Services based upon such input. “Business Information” means information related to the idea for a business, product, or other commercial endeavor provided by you to Company related to such ideas or generated for you by the Services. As between the parties, Customer owns all right, title, and interest in and to Customer Data, including all intellectual property rights therein. You acknowledge and agree that some outputs generated by the Services may be generated by generative artificial intelligence and, thus, there may not be any protectable rights in such content or works generated by artificial intelligence under applicable law. Any enforceable rights not expressly granted to Company hereunder are reserved by you. Company is not obligated to back up any Customer Data; you are solely responsible for creating backup copies of any Customer Data at your sole cost and expense. You will have the ability, during the Term, to export certain Customer Data out of the Services in a manner and format supported by the Application and you are encouraged to make your own backup copies of the Customer Data. You are solely responsible for your Customer Data. You assume all risks associated with use of your Customer Data, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Data that personally identifies you. You represent and warrant that: (a) all Customer Data you submit during registration and in interacting with Company is truthful and accurate and (b) you will maintain the accuracy of such Customer Data. 

3.2 License; Authorization. You hereby grant to Company, during the term, a limited, non-exclusive, non-transferable, worldwide, royalty-free license to: (a) reproduce, process, analyze, store, retain, transmit copy, modify, perform, display, and otherwise use the Customer Data, and (b) update, modify and/or create derivative works of the Customer Data in order to perform the Services under the Agreement. Customer agrees that Company may disclose Business Information to third-parties solely for the purpose of providing Customer opportunities to further its business or introduce potential investors. You further authorize Company to de-identify Customer Data and to aggregate Customer Data with similar data from other Company customers in a manner that does not identify you, and to use this de-identified and aggregated data set to further develop, improve, and provide Company’s products and services both during and after the term.

3.3 Usage Data. You acknowledge and agree that, during the term, Company may collect Usage Data. As between the parties, you own all right, title, and interest in and to the Usage Data, including all intellectual property rights therein. Company may aggregate, use and disclose (in a manner that does not identify you) Usage Data, both during and after the term, in connection with Company’s performance of its obligations in the Agreement and for any other lawful business purpose, including, but not limited to, benchmarking, data analysis, and to improve Company’s products, services, systems, and algorithms. “Usage Data” means any content, data, or information that is collected or produced by the Services in connection with the use of the Services in an aggregated format not identifiable to you, and may include, but is not limited to, usage patterns, traffic logs and user conduct associated with the Services.

3.4 Feedback You hereby grant to Company a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Services (“Feedback”). Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. FEES

You agree that in exchange for your access and use of the Service, you will pay the then-current fee charged by Company for your subscribed usage and/or user classification (the “Fees”). Fees are exclusive of, and you shall pay all taxes, fees, duties, and other governmental charges arising from the payment of any fees or any amounts owed to Company (excluding any taxes arising from Company’s income or any employment taxes). All Fees paid to Company related to your access or use of the Services are non-refundable.

5. DISCLAIMERS

Customer shall defend, any claim, suit, or action against Company brought by a third party to the extent that such claim, suit or action is based upon the Customer Data, Customer's breach of its warranties, or any act or omission of Customer or its authorized Users (“Company Claims”) and Customer shall indemnify and hold Company harmless, from and against Losses that are specifically attributable to such Company Claims or those costs and damages agreed to in a settlement of such Company Claims. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these Company Claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such Company Claims, action or proceeding upon becoming aware of it.

6. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.


TO THE FULLEST EXTENT ALLOWED BY LAW, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE POSTED MATERIAL ON THE SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.


BY PROVIDING THE SERVICES ON THE SERVICE, COMPANY DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. COMPANY IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SERVICES AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO AI-GENERATED CONTENT THAT IS ILLEGAL OR THAT YOU FIND OFFENSIVE OR UPSETTING. COMPANY HAS NO CONTROL OVER THE GENERATIVE AI FUNCTIONALITY AND BEARS NO RESPONSIBILITY FOR SUCH AI-GENERATED CONTENT. YOU MAY CONTACT US USING OUR CONTACT INFORMATION BELOW TO REPORT THIS CONTENT TO US.

7. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OR DAMAGES OR COSTS DUE TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.


COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS (U.S. $50), AND (B) THE AMOUNT PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH ASSERTED CLAIM.


THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

8. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. If you want to terminate the Services provided by Company, you may do so by (a) notifying Company at any time and (b) ceasing any access to or use of the Service. Your notice should be sent, in writing (e-mail is sufficient), to Company's contact set forth below. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately. You understand that any termination may involve deletion of your Customer Data from our databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your Customer Data or refund of any Fees already paid to Company. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2, 1.5, 1.6, 5-8 and 11.

9. THIRD-PARTY LINKS

The Services may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Company exercises no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites. Company expressly disclaims any responsibility for the content or results from your use of such third-party websites.

10. COPYRIGHT COMPLAINTS

Company respects the intellectual property of others. If you believe that your work has been used on the Services in a way that constitutes copyright infringement, please provide Company’s copyright agent with the following information.

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

* Description of the copyrighted work that you claim has been infringed.

* The location on the Services of the material that you claim is infringing.

* Your address, telephone number and e-mail address.

* A statement that your claim of infringement is based on a good faith belief.

* A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Company’s agent for notice of claims of copyright infringement on the Services can be reached as follows: legal@sparkrockets.com

11. CONFIDENTIALITY

11.1 Company shall not disclose Business Information to any outside third party or use Business Information in any commercial manner except as expressly provided herein.

12. GENERAL

12.2 Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. If the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the email address below. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery Services or first-class postage prepaid mail.

12.3 Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, pandemics, government shutdowns, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

12.4 Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms create no relationship of employee-employer, agency, partnership, or joint venture between the parties. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

12.5 Consumer Complaints. In accordance with California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

12.6 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Service, please contact us at the contact information below. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

12.7 Copyright/Trademark Information. Copyright © 2024, SparkRockets, Inc. All rights reserved. All trademarks, logos, and Services marks (“Marks”) displayed on the Services are Company’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

12.8 Contact Information.

SparkRockets, Inc

email: legal@sparkrockets.com