Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are a binding agreement between you and MySpark (“we,” “us,” or “our”) governing your access to and use of the MySpark website and related services (the “Service”). By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy, incorporated by reference. If you don't agree, don't use the Service.

2. Eligibility

You must be at least 13 years old to create an account. If you are under 18, you may use the Service only with the permission of a parent or legal guardian who agrees to these Terms on your behalf. By registering, you represent that you meet these requirements and that the information you provide is accurate.

3. Account Registration and Security

You're responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at support@myspark.dev if you suspect unauthorized access. We may suspend or terminate accounts that provide false information or violate these Terms.

You may register with an email and password, or by signing in with Google. If you use Google Sign-In, you authorize us to receive the profile information Google shares (your name, email address, and profile photo) to create and maintain your account.

3.1 Agreement via Google Sign-In

Google's sign-in screen governs what account information Google shares with us. It is separate from, and does not substitute for, your agreement to these Terms. If you create or first access your account through Google Sign-In, you will be shown a separate screen presenting these Terms and our Privacy Policy and asked to affirmatively agree before you can use the Service. Your acceptance is recorded with a timestamp and the version of the Terms you agreed to.

4. User Conduct

You agree not to:

• Impersonate any person, or misrepresent your affiliation with any person or company.
• Attempt to access another user's account or projects without authorization.
• Reverse-engineer, scrape, or use automated means to access the Service beyond normal use.
• Use the Service to create materials intended to defraud or mislead investors or anyone else.
• Upload content that is unlawful, infringing, or that you don't have the right to share.

We may suspend or terminate your access for violating this section, at our discretion.

5. Your Content

“Your Content” means anything you enter into or create with the Service, including project details, financial assumptions, business plans, and pitch decks. You keep ownership of Your Content, including what the Service generates for you. You grant us a limited, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to operate the Service for you, including sending it to the AI providers described in our Privacy Policy to generate results you request.

6. AI-Generated Content and Financial Projections

• AI output can be wrong. Text the Service generates may be inaccurate, incomplete, or similar to content generated for others. Review it before you rely on it or share it.
• Projections are estimates. Financial models are calculated from the assumptions you enter. They are not forecasts, guarantees, or valuations, and they are only as good as your inputs.
• Not professional advice. Nothing in the Service is financial, investment, legal, tax, or accounting advice. Talk to a qualified professional before making decisions based on it.
• You're responsible for what you share. You're solely responsible for the accuracy of materials you present to investors, partners, or anyone else.

7. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that generated content or projections will be accurate.

8. Limitation of Liability

To the maximum extent permitted by law, MySpark and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, funding, use, or goodwill, arising from your use of the Service, even if advised of the possibility of such damages. Our total liability for any claim arising from the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim, or (b) $100. Some jurisdictions do not allow these limitations, so some of the above may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless MySpark from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, Your Content, materials you share with others, or your violation of these Terms or the rights of a third party.

10. Termination

We may suspend or terminate your account at any time, with or without cause or notice, including for violating these Terms. You may delete your account at any time by emailing support@myspark.dev. When your account ends, your right to use the Service ends immediately; sections that by their nature should survive (ownership, disclaimers, limitation of liability, indemnification, dispute resolution) will survive.

11. Dispute Resolution and Arbitration

Read this section carefully. It affects your legal rights. Any dispute arising from these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. You and MySpark each waive the right to a jury trial and to participate in a class action.

Opt-out: you may opt out of this arbitration agreement by emailing support@myspark.dev within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts described in Section 12.

12. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles.

13. Changes to These Terms

We may update these Terms from time to time. We'll notify you of material changes through the Service or by email before they take effect, and you'll be asked to accept the updated Terms before continuing to use the Service.

14. Contact

Questions about these Terms: support@myspark.dev.