Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are an agreement between you and AppSpark ("we", "us") about your use of the AppSpark website at appspark.ai, the web app at web.appspark.ai and any related services (together, the "Service"). By creating an account, starting a trial or using the Service, you agree to these Terms and to our Privacy Policy.

If you use the Service on behalf of a company or other organisation, you confirm you have authority to accept these Terms for it, and "you" includes that organisation.

2. What AppSpark does

AppSpark helps you market your app on TikTok. It reads information about your app (such as its App Store, Google Play or website listing and public reviews), proposes a content strategy, writes and designs photo carousel posts with the help of AI, and, if you connect a TikTok account, publishes them as drafts or posts on a schedule you control. You can also download any post as images.

We may add, change or remove features over time. If we remove a feature that is a material part of a paid plan, we will tell you in advance.

3. Accounts, workspaces and eligibility

• You must be at least 18 years old and able to form a binding contract to use the Service.
• AppSpark accounts do not have passwords: you sign in with a one-time link sent to your email address, or with Google. Give us accurate information and keep your sign-in method (your email inbox or Google account) secure. You are responsible for activity under your account.
• Content lives in workspaces. Workspace owners and admins can invite members, set their roles and remove them. Members can see and act on the workspace's content according to their role.
• Tell us promptly at security@appspark.ai if you believe your account has been accessed without permission.

4. Free trial, plans and billing

• Free trial. You can try the Service with limited usage (for example, a small number of free posts) without a card. Trial limits do not reset. We may change or end the trial offer at any time, and we may limit trials to one per person or organisation.
• Subscriptions. Paid plans are billed in advance, monthly or yearly, and renew automatically at the end of each period until you cancel.
• Payments. Payments are processed by our payment provider, Stripe. You authorise us, through Stripe, to charge your payment method for each renewal. We do not store your full card details.
• Taxes. Prices exclude taxes unless stated. Where sales tax, VAT or similar taxes apply, they are added at checkout.
• Price changes. We will give you at least 30 days' notice of a price change. It applies from your next renewal after the notice period, and you can cancel before it takes effect.
• Changing plans. You can upgrade or downgrade from Settings, Billing. Upgrades take effect immediately; our payment provider may charge a prorated amount.
• Cancelling. You can cancel at any time from Settings, Billing. Your plan stays active until the end of the period you have paid for, and then does not renew.
• Refunds. Payments are non-refundable and we do not give credits for partial periods or unused usage, except where the law requires otherwise or we decide to in a particular case.
• Failed payments. If a payment fails, we will let you know and retry. If it still cannot be collected, we may move your workspace to a lower plan or pause paid features until it is.

5. Usage limits and fair use

Each plan includes monthly limits, for example posts, rewrites, AI images, app scans, apps, running automations, seats and storage, as shown on our pricing page and in the app. Limits reset at the start of each monthly usage period (yearly plans are divided into monthly periods). Unused usage does not roll over.

To protect the Service and keep costs fair for everyone, we apply rate limits and may temporarily slow or pause activity that looks automated, abusive or far outside normal use. We will contact you before taking lasting action where we reasonably can.

6. Your content

"Your Content" means anything you or your workspace members submit to or create with the Service: app details, briefs, hooks, captions, uploaded images and screenshots, templates, and the posts generated for you. As between you and us, you own Your Content.

You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, adapt, display and transmit Your Content only as needed to provide and improve the Service for you, including sending it to the AI and infrastructure providers listed in our Privacy Policy and publishing it to accounts you connect. This licence ends when Your Content is deleted from the Service, except for copies we must keep by law or in backups for a limited time.

You confirm that you have all the rights needed for Your Content, including images, logos, screenshots and trademarks, and that publishing it will not infringe anyone's rights or break any law.

7. AI-generated content

• The Service uses AI models to write and illustrate content. AI output can be inaccurate, incomplete or similar to content produced for others, and it does not represent our views.
• You are responsible for reviewing content before it is published and for everything published from your accounts, including any claims about your app, its features, results, health or money outcomes, and endorsements.
• Our claims checks and moderation reduce risk but cannot guarantee that content is accurate, lawful or compliant with a platform's rules.
• Where the law or a platform requires AI-generated or promotional content to be labelled, you are responsible for using the disclosure settings we provide or that the platform offers.
• We do not claim ownership of the output generated for you. It forms part of Your Content.

8. TikTok and other connected platforms

When you connect a TikTok account, you authorise us to access it through TikTok's official APIs with the permissions you approve, and to upload drafts and publish posts on your behalf: the content you create, approve or schedule in the Service, at the times and with the settings you choose.

• You must comply with TikTok's Terms of Service, Community Guidelines and Branded Content Policy, and with the rules of any other platform you connect.
• Platforms decide how content is distributed, reviewed, labelled or removed, and may change or restrict their APIs. We are not responsible for a platform's decisions, including reach, content removals or account restrictions.
• You can disconnect an account at any time from the Accounts page, or revoke our access from within TikTok. Disconnecting cancels that account's queued posts.
• AppSpark is not affiliated with, endorsed by or sponsored by TikTok, ByteDance, Apple or Google.

9. Acceptable use

You agree not to use the Service to:

• run networks of fake or inauthentic accounts, post the same content across many accounts to manipulate reach, or otherwise engage in spam or platform manipulation;
• publish false or misleading claims, fake reviews or testimonials, or undisclosed paid promotion;
• create content that is illegal, hateful, harassing, sexually explicit, violent, or that exploits or targets minors;
• infringe intellectual property, privacy or publicity rights, including using people's likeness to imply they endorse your app;
• promote regulated goods or services (such as gambling, drugs, weapons or financial products) where that is prohibited or without the required disclosures and licences;
• probe, scan or attack the Service, bypass limits or bot protection, or access it by automated means other than our published interfaces;
• resell or provide the Service to third parties without our written agreement.

We may remove content or suspend features that break these rules, and we may report illegal content to the authorities.

10. Third-party services and stock content

The Service links to or relies on third-party services (such as TikTok, Stripe, Google and Pexels). Your use of them is governed by their own terms. Stock photos come from Pexels under the Pexels licence: you may use them in your posts, but you must not imply that a person shown in a photo endorses your app, or use them in a way that is offensive or misleading.

11. Our intellectual property and feedback

The Service, including its software, design, templates we provide, the AppSpark name and logo, belongs to us and our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your subscription or trial is active. You may use templates we provide to create your posts.

If you send us ideas or feedback, we may use them without any obligation to you.

12. Privacy and data protection

Our Privacy Policy explains how we handle personal information, including data we receive from TikTok and Google. If you process personal information of others through the Service (for example, your team members), you are responsible for having a lawful basis to do so.

13. Suspension and termination

• You can stop using the Service at any time and cancel your subscription from Settings, Billing.
• We may suspend or terminate your access if you materially breach these Terms, do not pay, create risk or legal exposure for us or others, or if we are required to by law. Where reasonable, we will give notice and a chance to fix the problem first.
• After cancellation or termination, you can download your posts for 30 days. After that, we delete Your Content in line with our Privacy Policy, except where we must keep it by law.
• Sections that by their nature should survive termination (such as ownership, disclaimers, limitation of liability and disputes) will survive.

14. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any particular number of views, followers, installs, revenue or other results, that platforms will accept or distribute your content, or that the Service will be uninterrupted or error-free.

15. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility.

To the fullest extent permitted by law, our total liability for all claims relating to the Service or these Terms is limited to the greater of the amounts you paid us in the 12 months before the event giving rise to the claim, or US$100.

Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

16. Indemnity

You will defend and indemnify us against third-party claims, and the resulting losses and reasonable costs, arising from Your Content, your use of connected platforms, or your breach of these Terms or the law.

17. Changes to these terms

We may update these Terms. If a change is material, we will give you notice by email or in the app at least 14 days before it takes effect, unless the change is required by law or to address a security or abuse issue. If you keep using the Service after a change takes effect, the updated Terms apply.

18. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. Disputes will be resolved in the state and federal courts located in the State of Delaware, and both parties consent to their jurisdiction. If you are a consumer, you keep any protections the law of your country of residence gives you that cannot be excluded by contract.

Before starting any formal dispute, please contact us at legal@appspark.ai. Most issues can be resolved quickly that way.

19. General

• These Terms and the documents they refer to are the entire agreement between us about the Service.
• If any provision is found unenforceable, the rest stays in effect.
• Not enforcing a provision is not a waiver of it.
• You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• Neither party is liable for delays caused by events beyond its reasonable control.

20. Contact

Questions about these Terms: legal@appspark.ai. Help with your account: support@appspark.ai.