TERMS & CONDITIONS

1Definitions

• Service: the Spark website, application, and all related features
• User / You: the individual using the Service
• Content: all questions, text, and materials provided through the Service
• User Content: content you create, save, or submit (e.g. DIY questions, favourites)
• Lifetime Access: one-time paid access to specific features without recurring fees

2Eligibility

To use the Service, you must:

• Be at least 16 years old (or 13 years old in the United States with parental consent)
• Have legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law

3Account Security

You agree to:

• Provide accurate and up-to-date information
• Safeguard your login credentials
• Be responsible for all activity under your account

You must notify us promptly of any unauthorised access.

We may suspend or terminate accounts that materially breach these Terms.

4Purchases & Pricing

4.1 Products Offered

Spark offers:

• Free Tier: limited access to selected features
• Lifetime Tiers: one-time payment access (e.g. Lifetime Silver, Lifetime Gold)
• Context Bundles: one-time purchases of question sets
• Add-On Packs: one-time purchases of themed question collections

There are no recurring subscriptions.

4.2 Payment Processing

Payments are processed securely via Stripe. Spark does not store full payment card details.

Prices are displayed at checkout in your local currency and may include applicable taxes or VAT.

4.3 Multi-Currency Pricing

Prices may vary slightly between currencies to reflect local market conditions. The price displayed at checkout in your selected currency is final.

4.4 "Lifetime" Definition

"Lifetime Access" means access to the purchased features for as long as:

1. Your account remains active and in good standing, and
2. Spark continues to operate as a business.

Lifetime Access does not guarantee:

• Perpetual availability of specific features
• Uninterrupted or error-free service
• That Spark will operate indefinitely
• Access to future features not included in your purchased tier

If Spark ceases operations, lifetime access naturally ends. No refunds are due beyond what is required by mandatory consumer protection law.

4.5 Taxes

You are responsible for any applicable taxes. Where required by law, VAT or sales tax may be included at checkout.

4.6 Price Changes

Price changes do not affect completed purchases and apply only to future purchases.

5Refunds & Digital Content

5.1 Right of Withdrawal for Digital Content

If you are a consumer in the EU or UK, you generally have a statutory 14-day right of withdrawal.

However, where Spark provides digital content with immediate access, this right expires once performance begins, provided that:

• you expressly consent to immediate access, and
• you acknowledge that you thereby lose your right of withdrawal,

where permitted by applicable law.

This consent is obtained via a mandatory checkbox at checkout, in accordance with:

• EU Directive 2011/83/EU, Article 16(m)
• UK Consumer Contracts Regulations 2013
• German Civil Code (BGB) § 356(5)

5.2 Refund Policy

Once immediate access to digital content has been granted, refunds are generally not available, except where required by mandatory consumer protection law.

5.3 Legal Exceptions

Refunds may be required where:

• The digital content is defective or not as described
• Spark materially breaches these Terms
• Statutory consumer rights apply

5.4 Discretionary Refunds

In exceptional cases (e.g. duplicate payments or technical errors preventing access), Spark may offer discretionary refunds on a case-by-case basis. This does not create any entitlement or expectation.

5.5 Recommendation

5.6 Payment Disputes

If a payment dispute or chargeback is initiated, Spark may temporarily suspend access while the issue is investigated.

Where a chargeback is found to be abusive or fraudulent, Spark may take appropriate measures, including account termination.

Nothing in this section limits your statutory rights regarding defective digital content.

6Acceptable Use

You agree not to:

• Use the Service unlawfully
• Harass, abuse, or harm others
• Share or resell access credentials
• Reverse-engineer, scrape, or disrupt the Service
• Copy or redistribute Content outside the Service
• Upload malicious or harmful material

7User Content

You retain ownership of your User Content.

By submitting User Content, you grant Spark a non-exclusive, worldwide, royalty-free licence to store, display, and process it solely to operate the Service.

We may remove User Content that violates applicable law or these Terms.

8Intellectual Property

All Service Content (excluding User Content), including questions, design, and code, is owned by Spark or its licensors.

You are granted a limited, non-exclusive, non-transferable licence to use the Service for personal, non-commercial purposes only.

9Disclaimer of Warranties

9.1 "As Is" Service

The Service is provided "as is" and "as available."

Spark does not guarantee that:

• the Service will be uninterrupted or error-free
• any particular results will be achieved
• specific features will remain available indefinitely

9.2 Consumer Rights

Nothing in these Terms limits mandatory consumer rights under EU, UK, or German law.

9.3 Not Professional Advice

Spark is not liable for:

• Relationship outcomes or decisions made based on using the Service
• Emotional distress or interpersonal conflicts
• Any actions taken or not taken based on conversations facilitated by the Service

If you need professional help: Seek licensed therapists, counselors, or medical professionals. Spark is not a substitute for professional advice.

10Limitation of Liability

10.1 Liability Cap

To the maximum extent permitted by law, Spark's total liability arising out of or relating to the Service shall not exceed the amount actually paid by you for the specific product or feature giving rise to the claim.

This limitation applies per purchase and regardless of the legal basis of the claim.

10.2 Excluded Damages

To the maximum extent permitted by law, Spark is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities.

10.3 Mandatory Exceptions

These limitations do not apply to liability for:

• Death or personal injury
• Fraud or fraudulent misrepresentation
• Gross negligence (grobe Fahrlässigkeit)
• Willful misconduct
• Any liability that cannot be excluded under mandatory law

10.4 Force Majeure

Spark is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including: acts of God, natural disasters, terrorism, war, government actions, labor disputes, internet or telecommunications failures, third-party service provider failures, or cyber attacks.

10.5 Third-Party Services

Spark is not liable for the availability, accuracy, or actions of third-party services (including payment processors, hosting providers, and internet connectivity) required to access the Service.

10.6 User-Generated Content

You are solely responsible for your User Content. Spark is not liable for the accuracy, quality, legality, or consequences of User Content.

11Indemnification

You agree to indemnify Spark against claims arising from:

• Your violation of these Terms
• Your unlawful use of the Service
• Your User Content

This does not apply where claims result from Spark's negligence or breach of these Terms.

12Termination

You may stop using the Service at any time.

Spark may suspend or terminate access for material breaches or unlawful use.

Certain provisions (including liability and governing law) survive termination.

13Dispute Resolution

We encourage informal resolution. Contact us at [email protected].

EU consumers may use the EU Online Dispute Resolution platform here

14Governing Law

These Terms are governed by German law, excluding conflict-of-law rules.

EU and UK consumers retain the protection of mandatory laws in their country of residence.

15Changes to These Terms

We may update these Terms. Material changes will be communicated in advance.

If you do not agree, you may stop using the Service.

16Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17Contact & Legal Notice