END USER LICENSE AGREEMENT & TERMS OF SERVICE

Last Updated: June 30, 2026

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. This End User License Agreement and Terms of Service ("Agreement") is a legally binding agreement between you ("you" or "User") and the operators of Sparky ("Sparky," "Company," "we," "us," or "our"). By accessing, installing, creating an account for, or using Sparky, including any website, mobile application, backend service, AI feature, matching feature, room, invite, moderation tool, or related service (collectively, the "Application"), you agree to this Agreement, the Respectful Communication Pact, and all rules presented in the Application. If you do not agree, do not access or use the Application.

This Agreement contains important disclaimers, limitations of liability, an assumption of risk, indemnity obligations, and dispute-resolution terms. To the maximum extent permitted by applicable law, these terms apply to all claims arising from or relating to your access to or use of the Application.

1. Eligibility; Adults Only

Adults only: You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to access or use the Application.
No minors: The Application is not intended for minors. You must not use the Application if you are under the required age, and you must not help any minor access the Application.
Your representations: You represent that the information you provide is accurate, that you have legal capacity to enter this Agreement, and that your use of the Application complies with all applicable laws and regulations.
No verification duty: The current Application relies on user self-certification and does not perform government identity verification, age verification, criminal background checks, sex offender registry checks, or investigation of users' personal histories.

2. License and Acceptable Use

Subject to your ongoing compliance with this Agreement, Sparky grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Application for its intended personal, non-commercial purpose. Sparky reserves all rights not expressly granted.

You must not, and must not attempt to:

Use the Application for unlawful, harmful, fraudulent, abusive, harassing, exploitative, discriminatory, hateful, threatening, sexually explicit, spam, scam, doxxing, or privacy-invasive conduct.
Use the Application to contact, solicit, exploit, or endanger minors.
Use the Application for political campaigning, political persuasion, religious proselytizing, or connection requests centered on political or religious ideology.
Impersonate another person, misrepresent your identity or affiliation, create deceptive accounts, or evade enforcement, rate limits, cooldowns, suspensions, or bans.
Scrape, crawl, copy, harvest, index, or export Application data except through interfaces we expressly provide.
Reverse engineer, decompile, interfere with, overload, probe, bypass, or compromise the Application, security controls, access controls, moderation controls, or infrastructure.
Use bots, automation, scripts, or other non-human access methods unless Sparky expressly authorizes them in writing.
Upload or transmit malware, malicious code, unauthorized advertising, or content that violates another person's rights.

3. User Content and Content License

You are solely responsible for text, profile information, messages, reports, feedback, and other content you submit, create, transmit, or make available through the Application ("User Content"). You represent that you have all rights necessary to submit User Content and that your User Content and conduct do not violate this Agreement, any law, or any third-party right.

You grant Sparky a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, analyze, modify, create derivative works from, display, transmit, and otherwise use User Content as needed to operate, provide, secure, moderate, support, improve, and enforce the Application and this Agreement. This license continues for as long as reasonably necessary for those purposes, including backup, security, legal, compliance, abuse-prevention, and shared-room-history purposes.

Sparky may remove, block, preserve, review, disclose, or refuse to display User Content at any time where Sparky believes doing so is appropriate to operate the service, enforce this Agreement, protect users or the public, comply with law, respond to legal process, investigate misuse, or preserve evidence.

4. Safety Pact, Moderation, and Enforcement

The Application includes automated and manual safety controls. You acknowledge that moderation, classification, matching, and enforcement decisions may be automated, imperfect, delayed, incomplete, or incorrect. Sparky may, but has no obligation to, monitor, screen, edit, block, remove, limit, suspend, terminate, or report content or accounts.

Automated moderation: Sparky may classify messages, block messages, suggest rewrites, redirect prohibited topics, pause matching, pause room sending, record enforcement state, create notices, or require restoration votes.
Manual enforcement: Sparky may review available records and take action with or without notice, including suspending or terminating access, cancelling invites, limiting visibility, deleting content, preserving records, or restricting connection eligibility.
No enforcement guarantee: Sparky does not promise that all unsafe, unlawful, offensive, or objectionable content or conduct will be detected, blocked, removed, or prevented.
Fail-closed behavior: If moderation, AI, or backend systems are unavailable, delayed, or return unexpected results, Sparky may block, delay, or fail to send messages or connection actions.

5. Assumption of Risk; Interactions With Other Users

You understand and voluntarily assume all risks associated with using a service that may introduce you to strangers. Sparky is not responsible for the acts, omissions, statements, identity, intentions, background, health, safety practices, or offline conduct of any user or third party.

Sparky does not verify identity, age beyond self-certification, criminal history, background, intentions, qualifications, or trustworthiness of users.
Sparky does not guarantee that any connection, invite, room, conversation, recommendation, classification, introduction, compatibility assessment, or AI-generated statement is accurate, safe, suitable, lawful, or appropriate for you.
You are solely responsible for deciding whether, how, and where to communicate with or meet other users, including taking appropriate safety precautions for online and offline interactions.
Sparky is not a dating service, emergency service, law enforcement service, crisis service, healthcare provider, therapist, legal advisor, financial advisor, or professional advisor.
If you believe you or someone else is in danger, contact emergency services or an appropriate crisis or safety resource. Do not rely on Sparky for emergency response.

6. AI Features and Automated Outputs

The Application may use AI systems and other automated systems for moderation, conversation responses, topic classification, recommendations, connection suggestions, summaries, prompts, and operational workflows. AI and automated outputs may be inaccurate, incomplete, offensive, biased, delayed, unavailable, or unsuitable. You should not rely on AI or automated outputs as facts, advice, safety determinations, or guarantees.

Sparky disclaims responsibility for decisions you make based on AI outputs, connection suggestions, moderation outcomes, or other automated features. You remain responsible for your conduct, messages, decisions, and interactions.

7. Privacy, Data, and Retention

The Privacy Policy explains how Sparky collects, uses, processes, stores, shares, retains, and deletes information, including Google Sign-In user data. By using the Application, you acknowledge the Privacy Policy and consent to data processing as described there and in this Agreement.

Google user data: If you choose Google Sign-In, Sparky accesses Google user data through Firebase Authentication using the email and profile scopes, such as your Google account email address, basic profile information, and authentication identifiers. Sparky uses that data for authentication, account/profile association, security, abuse prevention, support, recovery, deletion, and acceptance records. Sparky does not use Google user data to create connection matches, build advertising profiles, sell data, or send matching prompts to AI services except to the extent you separately include such information in message text.
Not ephemeral: The Application is not an ephemeral messaging service. Messages, moderation records, room records, reports, account records, operational records, and backups may persist as described in the Privacy Policy.
Shared rooms: Shared room messages and related records may remain visible to other room members after your account is deleted.

8. Account Deletion, Suspension, and Termination

You may stop using the Application at any time. Where account deletion is available, deletion removes certain account and active state while preserving records that Sparky reasonably retains for shared-room continuity, safety, security, legal, compliance, backup, fraud-prevention, dispute, or operational purposes.

Sparky may suspend, restrict, or terminate your access to all or part of the Application at any time, with or without notice, for any reason or no reason, including suspected violation of this Agreement, risk to users or the service, legal compliance, security concerns, inactivity, product changes, or discontinuation of the Application. Sparky has no obligation to provide refunds, compensation, access, exports, or restoration unless required by applicable law.

9. Third-Party Services and Platform Terms

The Application may depend on third-party services, platforms, networks, app stores, authentication providers, analytics providers, cloud providers, AI providers, operating systems, browsers, devices, and internet access. Sparky does not control and is not responsible for third-party services, terms, outages, acts, omissions, security incidents, data practices, fees, or failures.

App store relationship: This Agreement is between you and Sparky, not Apple Inc. or Google LLC. Sparky, not Apple or Google, is solely responsible for the Application except as otherwise provided by applicable third-party terms.
No platform support obligation: Apple and Google have no obligation to furnish maintenance or support services for the Application.
Third-party beneficiaries: Apple, Google, and their respective subsidiaries may be third-party beneficiaries of this Agreement where applicable platform terms require or permit that status.

10. Intellectual Property and DMCA

Sparky and its software, designs, names, logos, characters, prompts, workflows, text, graphics, interfaces, service logic, and other materials are owned by Sparky or its licensors and are protected by intellectual property and other laws. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Application except as expressly allowed by this Agreement.

If you believe material in the Application infringes your copyright, send a notice to privacy@sparkyapp.org with the information required by 17 U.S.C. Section 512(c)(3), including identification of the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, an accuracy statement made under penalty of perjury, and your physical or electronic signature.

11. Disclaimers of Warranties

To the maximum extent permitted by applicable law, the Application and all content, features, AI outputs, moderation outcomes, connection suggestions, rooms, messages, services, and related materials are provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, safety, compatibility, or course of performance.

Sparky does not warrant that the Application will be uninterrupted, timely, secure, error-free, accurate, complete, lawful in every jurisdiction, compatible with your device, free of harmful code, or that any defects will be corrected.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Sparky and its operators, affiliates, owners, officers, directors, employees, contractors, agents, licensors, service providers, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, enhanced, or similar damages; loss of profits, revenue, goodwill, data, use, business, opportunity, or reputation; service interruption; security incident; device or system damage; emotional distress; personal injury; bodily injury; death; property damage; or damages arising from user conduct, offline meetings, third-party services, AI outputs, moderation decisions, connection suggestions, content, unauthorized access, or inability to use the Application, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Sparky's total aggregate liability for all claims arising from or relating to the Application or this Agreement will not exceed the greater of (a) the amount you paid Sparky to use the Application during the three months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the limitations apply to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Sparky and its operators, affiliates, owners, officers, directors, employees, contractors, agents, licensors, service providers, and partners from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

Your access to or use of the Application.
Your User Content, messages, reports, feedback, or interactions with users or third parties.
Your violation or alleged violation of this Agreement, the Safety Pact, any law, or any third-party right.
Your fraud, misrepresentation, misconduct, negligence, or willful misconduct.
Any offline meeting, communication, transaction, relationship, injury, dispute, or claim involving you and another user or third party.

Sparky may control the defense of any matter subject to indemnification, and you agree to cooperate with Sparky's defense.

14. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights. To the maximum extent permitted by applicable law, you and Sparky agree to resolve disputes arising from or relating to this Agreement, the Privacy Policy, the Application, or your relationship with Sparky through final and binding individual arbitration instead of in court, except that either party may bring qualifying claims in small claims court or seek temporary injunctive relief where necessary to protect intellectual property, security, privacy, or service integrity.

You and Sparky waive any right to a jury trial and agree that each party may bring claims only in an individual capacity, not as a plaintiff, class member, private attorney general, or representative in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class, collective, consolidated, or representative proceeding.

If any part of this dispute-resolution section is found unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining terms will remain in effect to the maximum extent permitted by law.

15. Changes to the Application or Agreement

Sparky may modify, suspend, discontinue, replace, limit, or remove all or part of the Application at any time, with or without notice. Sparky may update this Agreement by posting updated terms, requiring renewed acceptance, or providing notice through the Application. Your continued use after an update means you accept the updated terms, unless applicable law requires a different process.

16. Miscellaneous

Entire agreement: This Agreement, the Safety Pact, and the Privacy Policy are the entire agreement between you and Sparky regarding the Application.
Severability: If any provision is unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect.
No waiver: Sparky's failure to enforce a provision is not a waiver of its right to enforce that provision later.
Assignment: You may not assign this Agreement without Sparky's prior written consent. Sparky may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, change of control, operation of law, or other business transaction.
Survival: Provisions that by their nature should survive termination will survive, including ownership, license, privacy, retention, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

FINAL ACKNOWLEDGEMENT

By creating an account, clicking "I agree," completing onboarding, accepting the Safety Pact, or using the Application, you acknowledge and agree that:

You meet the eligibility requirements and are legally able to enter this Agreement.
You understand the Application may connect you with strangers and that you assume the risks of online and offline interactions.
You consent to automated processing, AI features, moderation, enforcement, and data handling as described in this Agreement and the Privacy Policy.
You have read and agree to this Agreement.