These Terms of Service (Terms) are a legal agreement between you and Geekflare Ltd, doing business as Sparkian, a company registered in England and Wales under company number 12085510, with its registered office at 71–75 Shelton Street, London, United Kingdom, WC2H 9JQ.
By creating an account, accessing, or using Sparkian (the Services), you agree to these Terms. If you accept them on behalf of an organisation, you confirm that you have authority to bind that organisation.
1. Eligibility
1.1 You must be at least 16 years old, or the age of digital consent in your country if it is higher, to use the Services.
1.2 The Services are not directed at children, and we do not knowingly collect personal data from anyone below this age threshold.
1.3 You must not be barred from using the Services under applicable law or any UK, EU, US (OFAC), or UN sanctions or export-control list.
2. Your account
2.1 You must provide accurate information and keep it current.
2.2 You are responsible for protecting your login credentials and for activity under your account. Notify us if you suspect unauthorised access.
2.3 An account may access one or more workspaces. Workspace owners and administrators control membership and permissions according to their assigned roles. The billing-account owner controls subscriptions, paid seats, and account-funded workspace capacity.
3. Description of the Services
3.1 Sparkian is an AI workspace that may include multi-model chat, image generation, and other released creation, research, and collaboration features. Availability depends on your plan and the features released at the time. We may add, change, limit, or discontinue features, with reasonable notice for material changes where practical.
3.2 Third-party AI models. The Services connect to providers including OpenAI, Anthropic, Google, and others we may add or remove. Prompts, relevant uploads, and related data may be transmitted to those providers to generate a response. Each provider processes that data under its own terms, which vary by provider and model and may allow the provider to use it to improve its models. The model you select determines which provider's terms apply.
3.3 AI output is not guaranteed to be accurate. Output may be incomplete, outdated, biased, or factually incorrect. Independently verify it before relying on or publishing it, especially for medical, legal, financial, or safety-critical decisions.
3.4 We do not guarantee the availability or continued existence of any specific third-party model. Providers may deprecate, replace, or reprice models outside our control.
4. Subscriptions, Sparks, and payment
4.1 Plans. Current pricing and included allowances are described on our Pricing page. Pricing changes apply from the relevant future billing cycle unless we state otherwise.
4.2 Sparks. Use of the Services consumes Sparks at rates shown in the product. Monthly plan allowances, including Free, expire at their applicable allowance boundary. One-time top-up Sparks expire twelve months after purchase, have no cash value, and are not transferable between accounts.
4.3 Billing. Paid subscriptions are billed in advance monthly or annually through Stripe. By subscribing, you authorise recurring charges until you cancel.
4.4 Taxes. Prices may be shown inclusive or exclusive of applicable VAT, GST, or sales tax depending on your location and checkout.
4.5 Cancellation. You may cancel from billing settings. Cancellation takes effect at the end of the current paid period, and access continues until then. UK and EU consumers may have statutory cancellation rights; when you request immediate digital service, those rights may be affected once performance begins.
4.6 Refunds. Except where required by law, payments are non-refundable, including unused Sparks, partial billing periods, and downgrades.
4.7 We may suspend or limit paid access when a payment fails or is disputed until the issue is resolved.
5. Acceptable use
You must not use the Services to:
- Break the law or infringe intellectual property, privacy, or publicity rights.
- Generate, upload, or distribute child sexual abuse material in any form.
- Harass, defame, threaten, or incite violence against a person or group.
- Create malware, phishing, fraud, or deceptive impersonation content.
- Circumvent usage limits, access controls, or model safety systems.
- Reverse engineer or extract model weights or training data.
- Scrape or automate access beyond what we expressly permit.
- Resell access without our written consent.
- Interfere with the security, integrity, or performance of the Services.
We may suspend or terminate access if we reasonably believe this section or our Acceptable Use Policy has been violated.
6. Your content and output
6.1 Your input. You retain ownership of content submitted to the Services. You grant us a non-exclusive licence to host, process, transmit, and reproduce it only as needed to provide, maintain, secure, and improve the Services.
6.2 AI output. As between you and us, we assign to you any rights we may have in output generated for you, subject to these Terms and applicable provider policies.
6.3 Copyright protection for primarily AI-generated content is legally unsettled and differs by jurisdiction. We do not guarantee that output can be registered, exclusively owned, or enforced.
6.4 You confirm that you have the rights needed to submit your input and that your use of input and output does not violate law or third-party rights.
6.5 We do not claim ownership of your input or output. We may use aggregated, de-identified usage data as described in our Privacy Policy.
7. Intellectual property
7.1 The Services, software, design, branding, Sparkian name and logo, and underlying technology, excluding third-party models and open-source components, belong to us or our licensors and are protected by intellectual-property law.
7.2 You may not use our trademarks or branding without written permission.
8. Third-party services
The Services rely on third-party infrastructure, AI providers, payment processors, and communications services. Their own terms may apply where you interact with them directly.
9. Disclaimers
9.1 To the extent permitted by law, the Services are provided “as is” and “as available,” without express, implied, or statutory warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted and error-free operation.
9.2 Nothing excludes liability where exclusion would be unlawful, including death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
10. Limitation of liability
10.1 To the maximum extent permitted by law, our total aggregate liability relating to the Services is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim or £100.
10.2 To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill.
11. Indemnification
You agree to indemnify us against claims and reasonable expenses arising from your input, output use, breach of these Terms, or violation of law or third-party rights, except to the extent caused by our own breach or negligence.
12. Termination
12.1 You may stop using the Services and close your account at any time.
12.2 We may suspend or terminate access for breach, non-payment, legal requirements, or to protect the Services or users, with notice where reasonably practical.
12.3 When access ends, we may retain or delete data in accordance with our Privacy Policy and applicable tax, accounting, and legal obligations.
13. Changes to these Terms
We may update these Terms. We will provide reasonable notice of material changes before they take effect where required.
14. Governing law and disputes
14.1 These Terms are governed by the laws of England and Wales. Mandatory consumer law in your country may still apply.
14.2 The courts of England and Wales have jurisdiction, except where consumer law permits proceedings in another court.
14.3 Before starting formal proceedings, please contact us so we can try to resolve the issue.
15. General
15.1 If one provision is unenforceable, the remaining provisions continue.
15.2 You may not assign these Terms without consent. We may assign them in connection with a merger, acquisition, or sale of assets.
15.3 We are not liable for delay caused by events beyond our reasonable control.
15.4 These Terms, our Privacy Policy, Cookie Policy, and Acceptable Use Policy form the agreement for the Services, except where a separately signed agreement applies.