By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Service.

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1. Acceptance of Terms

1.1. Binding Agreement: These Terms are a legally binding contract. By creating an account or otherwise using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.2. Modifications: We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or within the app, or by other reasonable means. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

2. Description of Service

SparkUp AI Profile Feedback provides an AI-powered platform designed to analyze profiles and offer personalized feedback, scores, and recommendations. The Service can be used to enhance your online presence for various purposes, including but not limited to dating, professional networking (e.g., on LinkedIn), and casual social media. The Service includes various tools and features, some of which require the use of "SparkPoints," our in-app credit system, or a paid subscription.

3. SparkPoints System and Subscriptions

3.1. SparkPoints Definition and Use: SparkPoints are an in-app credit system used within SparkUp AI Profile Feedback to access and utilize certain AI-driven generation features and tools ("AI Generations"). Each AI Generation consumes a specific number of SparkPoints, as indicated within the Service. SparkPoints have no cash value, are non-transferable, and are non-refundable, except as expressly stated in these Terms or required by applicable law.

3.2. Free User Allocation: Upon account creation, free users are granted an initial allocation of 150 SparkPoints. These points can be used to access available AI Generations. Once consumed, free users must upgrade to a paid subscription or purchase additional SparkPoints to continue accessing AI Generations.

3.3. Subscription Tiers and Benefits: SparkUp AI Profile Feedback offers different subscription tiers that provide varying benefits:

3.4. Rollover and Expiration: SparkPoints received through a monthly subscription allocation will roll over from month to month as long as your subscription remains active. However, if you cancel or do not renew your subscription, any unused SparkPoints will expire at the end of your final billing cycle. If you delete your SparkUp account, all remaining SparkPoints will be permanently lost and cannot be recovered.

3.5. Purchasing Additional SparkPoints:

3.6. Payment for Subscriptions and SparkPoints: All payments for subscriptions and additional SparkPoints are processed through third-party payment processors (e.g., Apple App Store, Google Play Store, Stripe). By making a purchase, you agree to their terms and conditions. SparkUp AI Profile Feedback is not responsible for any issues arising from the payment processor's services. Subscriptions are billed on a recurring basis and will automatically renew unless canceled. You are responsible for all charges incurred under your account.

3.7. Refunds: All purchases of SparkPoints are final and non-refundable, except where required by applicable law. Subscription fees are also generally non-refundable. You may cancel your subscription at any time, and the cancellation will take effect at the end of your current billing period. You will retain access to your subscription benefits until that time. For specific refund policies related to subscriptions, please refer to the terms of the platform through which you purchased your subscription.

4. User Accounts and Security

4.1. Account Creation: You must create an account to access the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2. Account Responsibility: You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify SparkUp immediately of any unauthorized use of your account or any other breach of security.

4.3. Account Suspension/Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice or liability, if we believe you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason deemed necessary to protect the Service and its users.

5. User Content and Conduct

5.1. User Content: You are solely responsible for any content you upload, submit, or otherwise make available through the Service, including your profile information, photos, and responses to prompts ("User Content"). You represent and warrant that you have all necessary rights to your User Content and that it does not infringe on any third-party rights.

5.2. License to User Content: By submitting User Content, you grant SparkUp AI Profile Feedback a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with the operation of the Service, including for AI training and improvement purposes, always in accordance with our Privacy Policy.

5.3. Prohibited Content and Conduct: You agree not to upload, transmit, or generate any content that:

• Is unlawful, harmful, threatening, abusive, defamatory, obscene, harassing, or libelous.
• Is sexually explicit, pornographic, or contains nudity.
• Is hateful, discriminatory, or promotes violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
• Facilitates dangerous or illegal activities, such as instructions for self-harm, building weapons, or synthesizing illegal substances.
• Is false, misleading, or impersonates any person or entity.
• Infringes on the intellectual property, privacy, or publicity rights of others.
• Contains viruses, malware, or other malicious code.

5.4. Prohibited Use of the Service: You agree not to:

• Use the Service for any unlawful purpose or in violation of any local, state, national, or international law.
• Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any underlying systems.
• Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service.
• Reverse engineer, decompile, or attempt to extract the source code or underlying components of the Service, including the AI models and algorithms.

6. Third-Party Services and Generative AI

6.1. Integration with Gemini API: The SparkUp AI Profile Feedback Service uses Google's Gemini API to provide some of its AI-powered features. By using the Service, you acknowledge and agree to comply with Google's Generative AI Prohibited Use Policy and any other applicable terms and policies for the Gemini API. You understand that SparkUp AI Profile Feedback may be required to share your User Content and prompts with Google to provide the Service, and that such data is subject to their respective policies.

6.2. Disclaimer on AI Output: You acknowledge that artificial intelligence and machine learning are rapidly evolving fields. The output ("AI Generations") from the Service may, in some situations, be inaccurate, inappropriate, or not reflect real people, places, or facts. You must not rely on the AI Generations as a sole source of truth or factual information, and you are responsible for independently verifying any information before acting on it. SparkUp AI Profile Feedback is not responsible for any actions you take based on AI Generations.

7. Intellectual Property

7.1. SparkUp AI Profile Feedback Ownership: All rights, title, and interest in and to the Service, including all intellectual property rights (e.g., trademarks, copyrights, patents, trade secrets), are and will remain the exclusive property of SparkUp AI Profile Feedback and its licensors.

7.2. Limited License to User: Subject to your compliance with these Terms, SparkUp AI Profile Feedback grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes.

8. Disclaimers of Warranties

9. Limitation of Liability

10. Indemnification

You agree to defend, indemnify, and hold harmless SparkUp AI Profile Feedback and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: a) Your access to or use of the Service; b) Your violation of these Terms; c) Your User Content; or d) Your violation of any rights of a third party, including intellectual property or privacy rights.

11. Governing Law and Dispute Resolution

11.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of law principles.

11.2. Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Massillon, Ohio.

11.3. Class Action Waiver: You and SparkUp AI Profile Feedback agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are giving up your right to go to court and have a jury trial, or to participate in a class action lawsuit.

12. General Provisions

12.1. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SparkUp AI Profile Feedback regarding the Service.

12.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term. SparkUp AI Profile Feedback's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. SparkUp AI Profile Feedback may assign its rights and obligations under these Terms without restriction.

13. Contact Information

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