Terms and Conditions

1. Acceptance of Terms

By accessing or using SparkChart ("Service"), you agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

2. Use of Services

You are granted a non-exclusive, non-transferable license to use the Service for your internal business purposes. You agree not to:

• Allow third parties to access the Service except as permitted.
• Modify, reverse engineer, or create derivative works of the Service.
• Use the Service to build a competitive product.
• Use the Service for any unlawful or unauthorized purpose.

3. Intellectual Property

SparkChart and its licensors own all rights, title, and interest in the Service and Documentation. You retain ownership of all content you submit to the Service ("Customer Content"). You grant us a license to use your content solely to provide and improve the Service.

4. Fees and Payment

Fees for the Service are billed in advance as set forth in your Order Form or subscription plan. All fees are non-refundable unless otherwise stated. You are responsible for all applicable taxes.

5. Confidentiality

Each party agrees to protect the other party’s Confidential Information with the same degree of care it uses to protect its own, but not less than reasonable care. Confidential Information includes non-public information designated as confidential or which should reasonably be understood to be confidential.

6. Warranties and Disclaimers

The Service is provided "AS IS" without warranty of any kind. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free or uninterrupted.

7. Limitation of Liability

In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

8. Term and Termination

This agreement remains in effect until terminated. Either party may terminate for material breach if not cured within 30 days of notice. Upon termination, your right to use the Service ceases immediately.

9. General Provisions

These Terms are governed by the laws of the State of Delaware. You agree to the personal jurisdiction and venue of courts in San Francisco, California. This Agreement constitutes the entire agreement between the parties superseding all prior discussions.