Welcome to the Spark Software (hereinafter referred to as “This Software”) and related Artificial Intelligence Interactive Services (hereinafter collectively referred to as “This Service”). This User Agreement (hereinafter referred to as “This Agreement”) is a legally binding agreement between you and the entity operating this Software (hereinafter referred to as “Us”) regarding the use of this Software and these Services. Please read and fully understand all the terms of this Agreement before accessing, registering or using this Software and these Services. Your access, registration or use of this Software and these Services is considered as having read, understood and agreed to accept the constraints of this Agreement.
Contact: If you have any questions, complaints, or suggestions regarding this Condition or your use of this Software and Services, please contact us via the following email address: alvinwijaya219477@icloud.com
1. Definitions and Explanations
1.1 Core Definitions
- 1.1.1 Users: Means individuals, corporations, or other organizations that comply with the conditions set forth in this Regulation to register, log in, and use this Software and services.
- 1.1.2 This Software: Means the “Spark” Software developed and operated by us, including but not limited to various versions for mobile, desktop, web, etc.
- 1.1.3 This Service: Means the artificial intelligence chat interactions, content generation, information queries and related derivative services that we provide to users through this Software.
- 1.1.4 User Input: Means various types of instructions or information, such as text, voice, images, etc., submitted to this Software by the user during the use of this Service.
- 1.1.5 AI-generated content: refers to various types of output results generated by this software based on user input, such as text, images, audio, etc.
- 1.1.6 Personal Data: Means any information related to an identified or identifiable natural person, subject to international data protection regulations such as the General Data Protection Regulation (GDPR).
1.2 Interpretation Rules
1.2.1 The headings of the terms of this Ordinance are provided only for ease of reading and do not affect the meaning and interpretation of the terms.
1.2.2 The expressions “including but not limited to” and “and so on” in this provision are not exhaustive and include other items of the same kind as the items listed.
2. Licenses and Limits to Use of Services
2.1 Use License
2.1.1 We grant users a non-exclusive, non-transferable, revocable license to use the Software and Services for personal or legitimate commercial purposes, subject to the provisions of this Ordinance.
2.1.2 Users may use the Software and Services only within the functional scope of the Software and Services, and may not exceed the functional scope or use any part of the Software and Services without authorization.
2.2 Usage Limits
- 2.2.1 No reverse engineering, reverse compilation, disassembly, decryption, or attempt to obtain unpublished information such as the source code, core algorithms, and AI model parameters of this Software (except where this restriction is prohibited by applicable law).
- 2.2.2 Do not modify, tamper with, modify any part of this Software, or create derivative works from this Software, including but not limited to plugins, plugins, automation scripts, and other tools that interfere with the proper operation of this Service.
- 2.2.3 Do not use this Software and these services to engage in any activity that violates applicable international conventions, laws and regulations of your country or region, or violates any legitimate interests such as intellectual property rights, privacy rights, reputation rights, etc. of any third party.
- 2.2.4 Do not overuse the resources of this Service through automated procedures, batch requests, etc., interfere with or increase the burden on the Service systems, or circumvent any usage limits of this Service.
- 2.2.5 You must not use AI-generated content for misleading purposes, including but not limited to false propaganda, forging identities, distorting facts, etc., and you must not claim that AI-generated content is artificially original.
3. User Account Management
3.1 Account Registration and Authentication
3.1.1 Users are required to complete account registration by providing truthful, accurate, and complete information (such as email address, username, etc.) in accordance with the registration requirements of this Software. If the provided information is false, inaccurate, or incomplete, we have the right to refuse the registration application or suspend or terminate the provision of this service.
3.1.2 If you choose to log in with a third-party account (such as a Google or Apple account) and authorize us to obtain the necessary user information (such as unique identifier, nicknames, etc.) from that third-party account, the use of such information will be governed by this Condition and the Privacy Policy.
3.1.3 Users must be over the age of 13 or the minimum age of use specified in their country/region to agree to this provision and use this service; users under the age of 18 must use this service with the permission of a parent or legal guardian.
3.2 Account Security and Responsibility
- 3.2.1 Users are required to properly store their account usernames, passwords, and other identity credentials, and take full responsibility for all operations carried out through their account.
- 3.2.2 If you discover that your account has been compromised, compromised, or has any other security risk, you should immediately notify us and take necessary measures such as changing your password. We will assist you to a reasonable extent, but we will not take responsibility for security issues arising from your own mismanagement of your account.
- 3.2.3 Users must not transfer, lend, or gift their account to others for use, otherwise all risks and responsibility arising from this are borne by the users themselves.
4. User Input and AI Generated Content Specifications
4.1 Responsibility for User Input
4.1.1 Users guarantee that their submitted user input is legal, compliant, does not contain any information that violates laws, regulations, and procedures, and that they have the full right to submit such input without violating any legitimate interests of third parties.
4.1.2 If user input violates laws and regulations or violates a third party‘s legitimate interests, resulting in us suffering losses or being claimed by a third party, the user assumes full liability for compensation and is responsible for resolving the relevant disputes.
4.2 Rights and limitations of AI-generated content
- 4.2.1 To the extent permitted by applicable law, users have a legitimate right to use their AI content generated through this Service, but such use must not violate our legitimate interests or those of any third party.
- 4.2.2 We take no responsibility for guaranteeing the accuracy, completeness, suitability, or legality of AI-generated content. Users should independently review the compliance and suitability of their content before using AI-generated content, and perform manual verification when necessary.
- 4.2.3 Due to the nature of AI technology, different users may obtain similar AI-generated content, we do not guarantee the uniqueness of AI-generated content; at the same time, we reserve the right to use user input and AI-generated content to the extent necessary to provide, maintain, and improve this service (in accordance with the relevant provisions of the Privacy Policy).
5. Intellectual Property Rights
5.1 Our Intellectual Property Rights
5.1.1 All intellectual property rights of the Software and Services (including but not limited to copyrights, trademarks, patents, trade secrets, AI models and algorithms, etc.) belong to us or relevant rights holders. This provision does not grant any intellectual property rights license to users regarding the Software and Services.
5.1.2 The names, logos, interface designs, functional logos, etc. of this Software are our trademarks or trademarks, and users may not use them without our written permission.
5.2 Intellectual Property Rights of Users
5.2.1 The intellectual property rights that users enjoy over their submitted user inputs are not transferred by the act of submission. Users agree to grant us a global, non-exclusive, free license to use, store, and process such inputs to the extent necessary to provide these Services.
5.2.2 If the user wishes to revoke the aforementioned license, it is necessary to notify us in writing, but this does not affect our legitimate use of the license that we had already made before the revocation.
6. Data Protection and Privacy
6.1 Principles of Data Processing
6.1.1 We will strictly comply with international data protection standards such as the General Data Protection Regulation (GDPR) and the requirements of this Software Privacy Policy. We will process users‘ personal data according to legal, fair, and transparent principles, and adopt security measures such as encrypted storage and access control to ensure the security of the data.
6.2 Data Subject Rights
6.2.1 Under international data protection laws and regulations, users as data subjects enjoy rights such as access, right to correct, right to delete (forgotten), right to data portability, and right to withdraw consent.
6.2.2 Users can submit requests for exercise of their rights to us through the contact email provided in this provision, and we will respond to them within the time limits specified by law and regulations.
6.3 Restrictions on Data Use
6.3.1 We will only process user data to the extent necessary to provide this service and optimize the quality of the service. We will not use personal data for other purposes without the user‘s consent, nor will we disclose user personal data to third parties without authorization (unless otherwise required by law and regulations or with the explicit consent of the user).
7. Provision, Changes and Termination of Services
7.1 Service Provision
7.1.1 We will do our best to provide users with stable, secure software and services based on technical conditions, market requirements, etc., but we do not guarantee that the service will be uninterrupted, error-free, or fully meet all users‘ needs. We will notify users in advance through reasonable means of temporary service interruptions caused by reasonable reasons such as technical upgrades, system maintenance, etc.
7.1.2 We have the right to optimize, update or upgrade the functions, interfaces, content, etc. of this Software and the Services. Users will be notified of such changes through in-Software pop-ups, announcements, etc., and by continuing to use the Services, they indicate their consent to such changes.
7.2 Suspension and Termination of Services
- 7.2.1 If a user violates any provision of this provision, we have the right, depending on the severity of the situation, to take measures such as warning, limiting account functionality, suspending account use, terminating the account and this service, and not taking any liability for compensation.
- 7.2.2 If this service is unable to be provided normally due to unavoidable forces (such as natural disasters, wars, policy adjustments, etc.), third-party causes (such as network service provider failures, hacking attacks, etc.), we will not take responsibility for breach of contract, but should inform users promptly and take reasonable measures to reduce losses.
- 7.2.3 We have the right to terminate all or part of this service based on business adjustments, changes in laws and regulations, etc. At that time, we will notify users in advance through reasonable means and handle related matters such as exporting, deleting, etc. of user data according to law.
8. Paid Service Agreements (if applicable)
8.1 Paid Services Description
8.1.1 Some advanced features or services of this Software may be paid services, and if users need to use them, they should complete the payment according to our published prices and payment methods, and upon completion of the payment, they will receive the appropriate permission to use the paid services.
8.1.2 We have the right to adjust the prices of paid services based on market conditions, but we will notify users at least 30 days in advance, and the adjusted prices will not be traceable to users who have already paid.
8.2 Refund Rules
8.2.1 Unless otherwise stipulated by law or regulation or unless we expressly promise to refund, the user‘s paid service fees will not be refunded once paid.
8.2.2 If the paid service is not normally available due to our reasons, users may request a refund, and we will refund the corresponding charges based on the actual situation.
9. Disclaimer and Limitation of Liability
9.1 Disclaimer
9.1.1 We will not be liable for any indirect losses (including but not limited to loss of profits, business disruption, data loss, etc.) that may arise during the use of this Software and services, unless such losses are caused by our intentional or serious negligence.
9.1.2 We make no warranties, express or implied, for the accuracy, reliability, or legality of AI-generated content, and any risks and losses arising from the use of AI-generated content are at the user‘s own risk.
9.2 Third Party Service Responsibility
9.2.1 This Software may contain links to third-party services or integrates third-party functionality (such as third-party login, payment, sharing functionality), the use of such third-party services is at the user‘s discretion, and we are not responsible for the quality, security, or legality of third-party services.
9.2.2 Users bear the risks and losses arising from using third-party services at their own risk. Users are advised to carefully read the third-party service terms and privacy policies before using them.
10. Dispute Resolution
10.1 Applicable Law
10.1.1 The establishment, execution, interpretation, and dispute resolution of this Ordinance are governed by the principles of international common civil business law and the applicable laws and regulations of the place where you use this Service (no conflict applies).
10.2 Dispute Resolution
10.2.1 Any disputes arising from or related to this Ordinance shall first be resolved by friendly negotiation; if negotiation fails, either party has the right to file a lawsuit in the court of jurisdiction where the entity operating this Software resides.
11. Other Terms
11.1 Updates to the Ordinance
11.1.1 We have the right to update this provision based on changes in laws and regulations, business development needs, etc. The updated provision will be published in prominent locations in this Software, including but not limited to in-Software pop-ups, bulletin boards, etc.
11.1.2 In the event of significant changes to this provision, we will notify you in a more significant manner (such as by sending you a separate notice) that your continued use of this Service signifies your consent to the updated provision.
11.2 Divisibility
11.2.1 If any provision of this provision is deemed invalid, unenforceable, or void of legal force, this does not affect the validity, enforceability, and legal force of the other provisions.
11.3 Notification and Delivery
11.3.1. The various types of notifications we send to users can be delivered through in-software messages, email, notices, etc., and notifications are considered delivered from the date of issuance.
11.3.2 Notifications sent to us by users should be delivered through the contact email address specified in this provision, and notifications will be considered delivered from the date we receive them.