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Sparkiz AI – Terms of Service

Effective Date: 28/11/2025

These Terms of Service ("Terms") govern your access to and use of the website located at sparkiz.ai (the "Site"), as well as all services, applications, tools, features, and content made available through the Site (collectively, the "Services"). These Terms form a binding agreement between you ("you," "your," or "User") and Sparkiz Technologies Ltd. ("Sparkiz," "we," "our," or "us").

By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use or access the Site or Services.

We may update or modify these Terms at any time by posting the revised version on the Site and, where required, notifying registered users by email. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

Use of the Services is also governed by our Privacy Policy, available at: https://sparkiz.ai/privacy

If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind such organization. In that case, "you" refers to both you individually and the entity you represent.

1. Services and User Accounts

Sparkiz provides AI-powered tools that allow users to generate digital content, including but not limited to videos, images, scenes, scripts, audio output, or other AI-generated assets ("Assets"). All Assets are generated through the Services and are provided under a license, not sold.

To use the Services, you must create an account. During registration, you may be required to provide information such as your name, email address, and any other details requested. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

Each user must maintain a unique account. Unless explicitly permitted for an enterprise or team plan, you may not share your login credentials or allow others to use your account.

Sparkiz may suspend or terminate your account at any time for violation of these Terms, misuse of the Services, fraud, or improper conduct. Sparkiz may also block IP addresses or other identifiers associated with abusive behavior.

2. International Transfer of Personal Data

By using the Services, you acknowledge and consent that your personal information may be processed, transferred, and stored in countries outside your place of residence, including jurisdictions that may have different data protection laws. Sparkiz and its partners take reasonable measures to safeguard such information in accordance with applicable law.

3. Third-Party Links and Services

The Site may include links to third-party websites or services that are not owned or controlled by Sparkiz. You acknowledge that Sparkiz is not responsible for the content, policies, or practices of these third parties. Your interactions, transactions, or communications with any third-party provider are solely between you and that provider. Sparkiz disclaims all liability arising from such dealings.

4. Fees, Subscriptions, and Billing

Sparkiz offers both free and paid plans. Information about subscription tiers is available on the Site or by contacting [email protected].

Paid plans may be offered on a monthly or yearly auto-renewing basis and are billed in U.S. dollars / ILS / Your local currency. Subscription renewals occur automatically unless you cancel your plan prior to the renewal date.

You may cancel your subscription at any time via your account settings or by contacting Sparkiz at [email protected]. Cancellations do not entitle you to refunds or credits for amounts already paid, including partial months of service.

Sparkiz reserves the right to modify pricing at any time. Price changes for existing subscribers will take effect at the next renewal or 30 days after notification, whichever is later.

5. Taxes

Subscription fees do not include applicable taxes, duties, or similar charges. You are responsible for all taxes associated with your subscription, except for taxes based on Sparkiz's net income.

If any outstanding fees remain unpaid, Sparkiz may suspend your access to the Services after providing written notice.

Abuse of the free tier — including creating multiple accounts to bypass limits — may result in account termination and/or conversion to a paid plan at Sparkiz's discretion.

6. Licensing Terms

6.1 Sparkiz Usage & Moderation Requirements

Your use of the Services must comply with Sparkiz's Acceptable Use Policy and any content rules posted on the Site. Violations may result in suspension, termination, or legal action.

6.2 License for Paid Users

Subject to your compliance with these Terms, Sparkiz grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in accordance with your subscription tier.

You own the original content embodied in Assets generated for you. Sparkiz assigns to you any copyrights Sparkiz may have in your original contributions to those Assets, subject to the following conditions:

You may not:

• Use Assets to train or improve any artificial intelligence model, system, or dataset.
• Use Assets in ways prohibited under Sparkiz's Acceptable Use Policy.

Violation of these restrictions terminates your license immediately. Upon termination, you must stop all use of the Assets and delete any copies in your possession.

6.3 Community Assets

Sparkiz may make certain pre-made or Sparkiz-owned Assets available ("Community Assets"). Sparkiz grants you a limited license to use these Assets for personal or commercial purposes, provided you comply with these Terms.

Sparkiz may use Community Assets, including modified versions, for improving Sparkiz systems and models.

6.4 Reservation of Rights

All rights not expressly granted are reserved by Sparkiz and its licensors.

6.5 License Granted to Sparkiz

By using the Services, you grant Sparkiz a worldwide, perpetual, sublicensable, royalty-free license to:

• Process prompts, uploads, and inputs you provide
• Use Assets created at your direction solely to operate, maintain, improve, and promote the Services
• Comply with legal obligations and enforce Sparkiz policies

This license survives termination of these Terms.

6.6 Face, Voice, Likeness, and Biometric Consent

Certain features of the Services may allow you to upload, record, submit, generate, or use images, videos, audio recordings, voice samples, faces, likenesses, or other identifying characteristics to create AI-generated avatars, voice clones, videos, audio output, or other Assets.

By uploading or submitting any face, image, likeness, voice recording, voice sample, or other identifiable personal characteristic to the Services, you represent and warrant that:

• You are the person depicted or recorded; or
• You have obtained the explicit, informed, and legally valid permission of the adult person depicted or recorded to use their face, likeness, voice, image, recording, or other identifying characteristics for AI-generated content through the Services.

You may not upload, submit, generate, clone, or use any face, likeness, image, video, voice, recording, or identifying characteristic of:

• A minor;
• A celebrity, public figure, politician, influencer, or other recognizable person, unless you have explicit authorization;
• Any person who has not clearly authorized you to use their likeness or voice for AI-generated content;
• Any person for the purpose of impersonation, deception, fraud, harassment, defamation, sexual content, unlawful activity, or other harmful conduct.

Before using certain face, avatar, or voice cloning features, Sparkiz may require you to provide an affirmative consent confirmation. This confirmation may include declarations that you have the necessary rights and permissions, that the person is an adult, that the content does not depict or involve a minor, public figure, or unauthorized person, and that you will not use the resulting Assets for deceptive, harmful, unlawful, sexual, defamatory, or impersonating purposes.

You agree that Sparkiz may record and store proof of such consent, including the date and time of consent, user ID, team ID, IP address, consent status, applicable terms or consent version, and a technical hash or record of the exact consent language accepted. Sparkiz may use these records to verify authorization, enforce these Terms, investigate abuse, respond to disputes, comply with legal obligations, and protect the rights, safety, and integrity of Sparkiz, its users, and third parties.

You grant Sparkiz the right to process, store, analyze, transform, render, and otherwise use submitted images, videos, voice recordings, voice samples, likeness data, and related inputs solely as necessary to provide, operate, maintain, secure, moderate, improve, and support the Services, generate the requested Assets, enforce these Terms, comply with legal obligations, and protect against misuse.

You are solely responsible for obtaining and maintaining all rights, consents, releases, and permissions required for any face, likeness, image, video, voice, recording, or other identifying characteristic you submit or use through the Services. Sparkiz is not responsible for verifying that you have obtained such rights or permissions.

You may delete avatars, voice clones, source images, or voice samples where deletion functionality is made available in the Services, subject to Sparkiz's legal, security, backup, fraud-prevention, and compliance retention obligations.

Any violation of this section may result in immediate suspension or termination of your account, deletion of Assets, revocation of your license to use the relevant Assets, withholding or cancellation of credits, and any other action Sparkiz determines is necessary to protect users, third parties, and the Services.

7. User Responsibilities and Restrictions

7.1 Acceptable Use

You agree not to use the Services for unlawful, harmful, or abusive purposes. Examples include, but are not limited to:

• Violating any applicable law or regulation
• Infringing third-party intellectual property rights
• Creating harmful, deceptive, or defamatory content
• Exploiting minors or producing child-related harmful content
• Spreading knowingly false information intended to cause harm
• Impersonation or unauthorized use of another's likeness
• Generating personal, sensitive, or identifying information
• Promoting violence, hate speech, or extremist activity
• Uploading, cloning, generating, or using any person's face, likeness, image, voice, recording, or identifying characteristics without all required rights, permissions, and consents.
• Creating or using AI-generated avatars, voice clones, videos, images, or audio to impersonate, deceive, defraud, harass, defame, exploit, or harm any person.
• Uploading, generating, or using the face, likeness, image, voice, or identifying characteristics of any minor, celebrity, public figure, politician, or unauthorized person.
• Using face, likeness, avatar, or voice cloning features for unlawful, sexual, defamatory, fraudulent, misleading, or harmful content.

You are solely responsible for all inputs, uploads, prompts, and content you provide to the Services.

7.2 Technical Restrictions

You agree not to:

• Overload or interfere with Sparkiz infrastructure
• Attempt to bypass access controls
• Scrape or extract data except via authorized APIs
• Reverse engineer, decompile, or attempt to obtain source code
• Use Assets to build competing products or services
• Use bots or automated tools to access or generate Assets
• Replicate or resell access to the Services
• Train machine learning or AI models using Assets

Sparkiz may revoke exceptions granted to public search engine crawlers at any time.

7.3 Asset Responsibility

You are solely responsible for:

• Ensuring you have all rights and permissions for prompts, uploads, or inputs
• Compliance with laws governing your use of any resulting Assets
• Any consequences arising from your distribution or use of Assets

Sparkiz does not monitor user-generated content and does not guarantee legality of usage.

7.4 Intellectual Property

All intellectual property related to the Site, Services, documentation, models, systems, interfaces, and Sparkiz-created Assets belong exclusively to Sparkiz or its licensors.

Nothing in these Terms transfers such rights to you except the limited licenses described herein.

7.5 DMCA and Copyright Claims

Sparkiz respects intellectual property rights. If you believe your copyrighted work has been used in a way that constitutes infringement, you may send a DMCA notice to:

Sparkiz Technologies Ltd.

Email: [email protected]

We recommend consulting legal counsel before submitting a notice or counter-notice.

7.6 Feedback

Any suggestions, ideas, or feedback you provide may be used by Sparkiz without restriction or compensation. Feedback is considered non-confidential.

7.7 Termination

Sparkiz may suspend or terminate your account for breach of these Terms or misuse of the Services. Upon termination:

• Your license to use the Services ends immediately
• Your Assets may be deleted
• Paid fees are non-refundable

Sections that by nature should survive termination (e.g., IP rights, indemnification, limitations of liability) will remain in force.

7.8 Disclaimers

The Services and all Assets are provided "as is" and "as available" without warranties of any kind, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability
• Availability or uptime

Sparkiz does not guarantee that Assets will be error-free, unique, or free of third-party claims.

7.9 Indemnification

You agree to indemnify and hold harmless Sparkiz and its affiliates from claims arising out of:

• Your use of the Services or Assets
• Third-party claims based on your inputs, prompts, or Assets
• Your violation of laws or these Terms

Sparkiz may assume exclusive defense of any claim at your expense.

8. Limitation of Liability

8.1 No Consequential Damages

Sparkiz will not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, data, or business.

8.2 Maximum Liability

Sparkiz's total liability for any claim will not exceed the greater of:

• $50 USD, or
• The amount you paid to Sparkiz in the six months preceding the event giving rise to the claim

Some jurisdictions do not allow certain limitations, so these may not apply to you.

8.3 Governing Law & Venue

These Terms are governed by the laws of the State of California, excluding conflict-of-law principles.

Any disputes must be resolved exclusively in:

• State courts in San Francisco County, or
• The U.S. District Court for the Northern District of California (if federal jurisdiction applies)

9. General Provisions

9.1 Electronic Communications

By using the Services, you consent to receive communications electronically, including notifications, disclosures, and updates.

9.2 Force Majeure

Neither party is liable for delays caused by circumstances beyond reasonable control (e.g., natural disasters, war, infrastructure failures).

9.3 Entire Agreement

These Terms, including the Privacy Policy, represent the full agreement between you and Sparkiz.

9.4 Notices

Notices to Sparkiz must be sent to: [email protected]

9.5 Consumer Rights

California residents may report complaints to:

Department of Consumer Affairs,

400 R Street, Sacramento, CA 95814

(800) 952-5210

9.6 Referral Program

Sparkiz may offer referral programs, rewards, credits, incentives, or promotional campaigns from time to time (collectively, the "Referral Program").

Participation in any Referral Program is voluntary and subject to the following terms:

9.6.1 Eligibility

Only registered Sparkiz users may participate in the Referral Program. Referred users must be new customers who have not previously purchased or subscribed to Sparkiz services unless otherwise specified by Sparkiz (new customers only).

9.6.2 Rewards

Referral rewards may be granted when a referred user completes a qualifying action, such as purchasing an eligible subscription or service. The type, amount, timing, and eligibility requirements of any reward are determined solely by Sparkiz and may change at any time.

9.6.3 Credit-Based Rewards

Unless otherwise stated, rewards are issued as Sparkiz credits. Credits have no cash value, cannot be redeemed for cash, are non-transferable, non-refundable, and may not be sold, exchanged, gifted, or assigned to another account.

9.6.4 Prohibited Conduct

Users may not:

• Refer themselves or accounts they own or control.
• Create duplicate, fake, or fraudulent accounts.
• Use bots, scripts, automation, or artificial methods to generate referrals.
• Engage in spam, misleading advertising, deceptive promotion, or misrepresentation of Sparkiz.
• Manipulate, exploit, or abuse the Referral Program in any manner.

Sparkiz reserves the right to investigate suspected abuse using automated and manual review processes.

9.6.5 Revocation of Rewards

Sparkiz may withhold, revoke, cancel, or deduct rewards if a qualifying transaction is refunded, charged back, cancelled, determined to be fraudulent, or otherwise found to violate these Terms or any applicable Referral Program requirements.

9.6.6 Program Changes

Sparkiz may modify, suspend, restrict, or terminate the Referral Program, including reward structures, eligibility requirements, and qualifying actions, at any time and without prior notice.

9.6.7 Final Determinations

All decisions regarding referral eligibility, reward issuance, fraud prevention, abuse detection, and Program administration shall be made by Sparkiz in its sole discretion and shall be final.

9.6.8 Additional Terms

Sparkiz may publish additional Referral Program terms, rules, or guidelines from time to time. Participation in the Referral Program constitutes acceptance of such terms, which are incorporated into these Terms by reference.

9.7 Contact

For questions about these Terms or the Services: [email protected]