Terms of Service

Thank you for using Spark AI, a product of ReadMark Inc.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to ReadMark Inc.

When we say “Services”, we mean Spark AI and its associated properties, whether delivered via web browser, bot on other platforms, or other formats.

When we say “You” or “your”, we are referring to the people that use our Services.

By using the Services, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), as well as our Privacy Policy and all applicable laws. Please read these Terms of Service carefully before using the Services. If you disagree with any provision of these terms, you must discontinue your use of the Services.

Use of the Services

  • You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction. You may not use the Services in a manner that violates OpenAI’s Sharing and Publication Policy and Usage Policies, or Anthropic’s Usage Policy.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without the express written permission by the Company, including but not limited to: (1) modifying, reverse engineering, decompiling, disassembling, or creating any derivative works based on the Services, including attempts to determine any source code, algorithms, methods, techniques, or prompts used in the Services; (2) distributing, licensing, transferring, or selling any part of the Services or derivative works; (3) develop competing products; (4) marketing, renting or leasing the Services for a fee or charge, or using the Services to advertise or perform any commercial solicitation; (5) uploading or distribute files containing viruses, malware, or spyware; (6) interfering with the Services’ operation or bypassing access retrictions, or using the Services in a manner that violates any technical documentation or usage guidelines; (7) exploiting the Services unauthorized; (8) use automated means to access our Services; (9) collecting information about other users; (10) imposing unreasonable loads on our infrastructure; (11) misrepresenting association with the Services or the Company; (12) removing or altering any proprietary notices or identifying information on the Services; (13) incorporating the Services into any other programs or products.
  • The Services, including but not limited to, the bot, text, graphics, files and other content are owned and copyrighted by the Company, and are protected worldwide. We retain all rights to the Services, including all patent rights, copyrights, trademarks, service marks, trade secrets, and other intellectual property rights, regardless of the form or media in which they exist. All rights are reserved unless otherwise noted.
  • The Services may leverage AI to assist you. You can provide input to be processed by Spark AI ("Input") and receive AI-generated output based on that Input ("Output"). You understand and agree that AI-generated Output may vary. We are not responsible for the accuracy, completeness, or currency of information in the Output. The Output is provided for general information only and should not be relied upon or used as the sole basis for making decisions. You are solely responsible for reviewing and validating this Output before relying on it. You must not mislead anyone by claiming that Output from the Services was solely human-generated. Due to the nature of machine learning and the technology powering Spark AI features, you acknowledge that Output may not be unique, and Spark AI may generate the same or similar output to a third party. Additionally, the Output doesn't represent our views, even if it might be offensive.
  • Your use of Spark AI is subject to fair usage restrictions. We reserve the right to refuse service, terminate accounts or limit access to the Services in our discretion.

Account

  • You are responsible for maintaining the security of your account. You may not share your account access information with others. You are responsible for all activities that occur under your account. We are not liable for any loss or damage resulting from your failure to comply with this security obligation.
  • The Services are not for individuals under the age of 13. If you are between 13 and 18, you should review this Agreement with your parent or guardian to make sure that you both understand and agree to it.
  • Accounts inactive for more than 180 days may be deleted.

Subscription

  • We offer some features for free with a paid plan that provides access to additional features (”Subscription”). If you choose not to upgrade, you can continue using the free features.
  • Payments are processed via Stripe. We do not store your credit card information, as payments are handled directly by Stripe. You should manage and cancel your subscription through Stripe Customer Portal after purchase or by contacting us. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
  • You can cancel your subscription at any time, and the cancellation will take effect on the next billing period. You will retain access until then. No refunds are given for remaining days in the current period.
  • All fees are exclusive of all taxes, levies, or duties. Where required, we will collect and remit those taxes to taxing authorities. Otherwise, you are responsible for their payment.

User Content

  • We do not claim intellectual property rights over the content you provide to the Services. All materials you upload remain your property. You agree that we may, without restriction, use, host, cache, store, reproduce, transmit, distribute, translate, modify, and otherwise utilize in any medium any content you provide to us. This usage is solely for the purpose of operating and providing the Services to you. We are not obligated to pay compensation for any content unless explicitly specified otherwise.
  • As Spark AI is a private note-taking app, your notes are for your personal use only. However, we reserve the right to monitor and take appropriate action if we become aware of any content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. This includes, but not limit to: (1) Violence, or threats thereof; (2) Child exploitation, sexualization, abuse, or other purposes that might compromise children’s safety; (3) Hate speech; (4) Harassment; (5) Comprising other’s privacy; (6) Phishing or fraud attempts, impersonation, or misrepresentation; (7) Infringing on intellectual property; (8) Weaponry development, military purposes, operating critical infrastructure, and activities posing significant economic risk; (9) Psychologically or emotionally harmful content; (10) Misinformation; (11) Campaign materials or election interference; (12) Legal, medical, insurance, or financial advice; (13) Other unlawful purposes in your jurisdiction.

Granted license

  • Subject to the Terms, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to download and use a copy of the Services' mobile application; and (2) view and use the Services, including, without limitation, the Services. No other right or license of any kind is granted to you hereunder with respect to the Services. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein.

Personal Information

  • Your submission of personal information through the Services is governed by our Privacy Policy.

Disclaimer Of Warranties; Limitation Of Liability

  • We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We make no guarantees that our Services will meet your specific requirements or expectations.
  • We reserve the right at any time to modify or discontinue any part of our Service without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
  • You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

  • You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

About these terms

  • In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  • Any new features or tools which are added to the current Services shall also be subject to the Terms of Service.
  • You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
  • The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact Information

Questions about the Terms of Service should be sent to us at spark@read.land.

Initial version published on November 1, 2024.