Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer" or "you") and Spark ("we," "us," or "our") regarding your use of the Spark Slack application and related services (collectively, the "Service").

By installing, accessing, or using Spark, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

You represent that you have the authority to bind your organization to these Terms. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind that entity to these Terms.

2. Description of Service

Spark is a Slack application that automates workplace celebrations, including:

• Birthday Celebrations: Automated birthday messages for team members
• Work Anniversaries: Recognition of employment milestones
• Bank Holidays: Celebration of national and regional holidays
• Custom Celebrations: User-defined special occasions and events

The Service includes AI-powered conversational setup, message customization, employee data management, and automated message delivery to designated Slack channels.

3. Subscription Plans and Pricing

3.1 Free Trial

New workspaces receive a 14-day free trial with full access to all features. No credit card is required to start the trial.

When the trial ends:

• Celebration delivery stops automatically after 14 days
• Your configuration and employee data are preserved for 30 days
• You can subscribe at any time to resume celebration delivery
• No automatic charges - you must explicitly choose to subscribe

3.2 Paid Plans

After the trial period, continued use requires a paid subscription:

All plans include unlimited celebrations, all modules (birthdays, anniversaries, holidays, custom), AI-powered setup, and priority support.

3.3 Billing

• Billing occurs automatically on your subscription renewal date
• Monthly subscriptions renew on the same day each month
• Annual subscriptions renew on the anniversary of your purchase
• You authorize us to charge your payment method for all applicable fees
• All fees are in U.S. Dollars (USD)
• Taxes are excluded from stated prices and will be added where applicable

3.4 Price Changes

We may modify subscription pricing for new customers at any time. For existing customers, we will provide at least 30 days' notice before any price increase takes effect. Price changes do not apply retroactively.

4. Payment Terms

4.1 Payment Method

You must provide a valid credit card or other approved payment method. We use Stripe for secure payment processing. We do not store your credit card information on our servers.

4.2 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal amount.

4.3 Failed Payments

If a payment fails, we will attempt to charge your payment method up to 3 times over a 7-day period. If all attempts fail:

• Your account will be downgraded to a suspended state
• Celebration messages will stop being sent
• You will have 30 days to update payment information
• After 30 days, your account and data may be deleted

5. Cancellation and Refunds

5.1 How to Cancel

You may cancel your subscription at any time by:

• Visiting your billing portal at usespark.work/billing
• Emailing support@usespark.work

Important: Cancellation must be submitted at least 24 hours before your next renewal date to avoid being charged for the next billing period.

5.2 Effect of Cancellation

When you cancel:

• Your subscription remains active until the end of the current billing period
• You retain access to all features until the paid period expires
• No further charges will be made after the current period ends
• Your data will be retained for 30 days after cancellation, then deleted

5.3 Refund Policy

30-Day Money-Back Guarantee:

If you are not satisfied with Spark, you may request a full refund within 30 days of your initial subscription purchase. To request a refund, email support@usespark.work with your workspace name and reason for cancellation.

After 30 Days:

Subscription fees are non-refundable after the 30-day guarantee period. If you cancel mid-billing cycle, you will not receive a pro-rated refund but will retain access until the end of the paid period.

5.4 Uninstalling vs. Cancelling

Important: Uninstalling the Spark app from your Slack workspace does NOT automatically cancel your subscription or stop billing. You must explicitly cancel your subscription through the billing portal or support email.

6. Account Responsibilities

6.1 Accurate Information

You agree to:

• Provide accurate, current, and complete information during setup
• Maintain and update your account information, including payment details
• Ensure employee data (birthdays, anniversaries) is accurate and consensually collected
• Notify us immediately of any unauthorized access or security breaches

6.2 Permitted Use

You agree to use Spark only for:

• Legitimate workplace celebration purposes
• Your own organization's internal use
• Compliance with all applicable laws and Slack's terms of service

6.3 Prohibited Uses

You agree NOT to:

• Use the Service for spam, harassment, or unwanted messages
• Attempt to reverse engineer, decompile, or hack the Service
• Share your account access with other organizations
• Use the Service to violate any laws or regulations
• Send discriminatory, offensive, or inappropriate celebration messages
• Resell or redistribute the Service to third parties

7. Data and Privacy

Our collection and use of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• You retain ownership of all employee data you provide
• We will not sell, rent, or share your data with third parties for marketing purposes
• You are responsible for obtaining necessary consents to collect employee data
• Employees can opt out of celebrations at any time
• You can request data export or deletion at any time

8. Intellectual Property

8.1 Spark's Rights

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Spark and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

8.2 Your Rights

You retain all rights to your company logo, employee data, and custom celebration content. By using the Service, you grant us a limited license to use your company logo for the purpose of providing the Service (e.g., displaying in celebration messages).

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution.

9. Service Modifications and Availability

9.1 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that negatively affect functionality.

9.2 Service Availability

We strive for 99.9% uptime but cannot guarantee uninterrupted availability. The Service may be temporarily unavailable due to:

• Scheduled maintenance (announced in advance when possible)
• Emergency maintenance or security updates
• Third-party service outages (Slack, AWS, etc.)
• Force majeure events beyond our control

10. Warranties and Disclaimers

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, error-free, or secure operation
• Accuracy or reliability of content

10.2 Your Responsibility

You are solely responsible for:

• Verifying the accuracy of celebration dates and messages
• Ensuring compliance with employment laws regarding employee data
• Backing up any critical data before using the Service
• Your use of the Service and any consequences thereof

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or reputational harm
• Cost of substitute services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Spark and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including privacy or employment rights
• Any content you submit through the Service

13. Termination

13.1 Termination by You

You may terminate these Terms at any time by cancelling your subscription and uninstalling the Spark app from your Slack workspace.

13.2 Termination by Us

We may suspend or terminate your access immediately, without notice, if:

• You violate these Terms
• You fail to pay subscription fees
• Your use poses a security or legal risk
• We are required to do so by law

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We will delete your data within 30 days (unless legally required to retain)
• You remain liable for any fees incurred before termination
• Sections 8, 10, 11, 12, and 15 survive termination

14. Changes to Terms

We may revise these Terms at any time. Material changes will be communicated by:

• Updating the "Last Updated" date at the top of this page
• Sending a direct message to your workspace via Slack
• Email notification to the account owner (for significant changes)

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must cancel your subscription.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property violations.

15.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spark regarding the Service and supersede all prior agreements.

15.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.5 No Waiver

Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision.

15.6 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger or sale of assets.

16. Contact Information

If you have questions about these Terms or need to contact us regarding your account: