Find out more about how we protect the data and privacy and terms of using Sparkin.
Last Updated August 30, 2020
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
"Start Date" means the date that you first access or use the Service.
"Space" means a registered subdomain identified with an URL (e.g. rmgx.sparkin.co) and a business name. Spaces have accounts who share Content and collaborate.
"Account" means an account enabling a person to access and use the Sparkin Service (via a Space) including both Administrator User and Member User.
"Administrator User" means the user who created the Space. At any point in time there is only one Administrator User Account on every Space.
"Member User" means a user who was invited by Administrator User to join the Space.
"Intellectual Property Rights" includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
"Services" means any services that Sparkin provides to the Customer, or has an obligation to provide to the Customer, under this Agreement.
"Objectionable" includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
"Customer Content" means any data, information, trademarks, logos, files, images, text or other content that may be provided by Customer or its authorized users for use in conjunction with the Software or Services. The Customer Content used in conjunction with the Software or Service is stored and maintained in Sparkin system.
"Customer Data" means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf, uploaded to, using or inputted into Sparkin by the Customer; transmitted by Sparkin at the instigation of the Customer; supplied by the Customer to Sparkin for uploading to, transmission by or storage on Sparkin; or generated by Sparkin as a result of the use of the Services by the Customer (but excluding analytics data relating to the use of Sparkin and server log files).
"Confidential Information" means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Sparkin Software. Your Confidential Information includes the Customer Data.
"Subscription Plan" means the functionality, capabilities, configuration and any limitations that you are subscribing to. A Plan may entitle you to use the System for one or more functions of Sparkin
"Subscription Fee" means the fee which covers the provision of the Services during Term payable in advance per end user with a unique Space allocated to each Customer connected to the Service. Additional user licenses can be purchased and added as and when required to expand the number of users connected to a Service.
"User Profile" means the personal information loaded by individual users when they register on the system and as updated by them from time to time. This includes their name, photo, email address and any other information that they load into the profile section of the Service.
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
Access to Service
Sparkin will provide You the ability to create and maintain email, and password for accessing the Service (Sparkin Space Account ). By accessing Your Account, You agree to provide true, accurate, and complete information during registration and to update Your information during use to keep it current.
As Your email and password are personal and considered to be confidential information You are at all times entirely liable for all acts and omissions by the people You have allowed to access the platform through Your Account. You are responsible for keeping Your Sparkin Account safe and secure from unauthorized access and must notify Us promptly of any unauthorized use or security breach to Your Account.
Every Space has one specific Member with more access and control rights and responsibility, referred to in the ToU as the “Administrator User” o “Primary User”. At any point in time there is only one Administrator User Account on every Space.
If a Space is registered through an Administrator User Account with a personal email and/or is registered for a personal cause that is not affiliated with a business, organization, brand or another entity, the Administrator User of the Space is personally responsible for the activity on the Space. In this case the Administrator User Account on the Space is considered to be the Customer.
If a Space is registered through an Administrator User Account with a business email and/or for a company, business, organization, brand or another entity, the Administrator User of the Space agrees to these ToU on behalf of the entity and acts as a representative for the entity. In this case the entity is considered to be the Customer.
Inviting Member Users
In using Sparkin Service it may be possible for Administrator User or Member Users to invite people by email or in other ways to make the Space available to more people for joining. You accept that You can be held responsible for their conduct and the Content posted by them. You accept that You are responsible for keeping people that you allow access to the Space aware of their rights and these ToU, as well as ensuring the legality and lawfulness of them using the Service.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
To the fullest extent possible by law, Services are provided on an "as is" basis, without any representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sparkin makes no warranty that (i) the services are free of viruses or other harmful components, (ii) the services will be uninterrupted, timely, secure or error-free, (iii) the services are not updated, modified, changed, interrupted, or discontinued at any time without notice or liability, or (iv) the results of using the services will meet your requirements. Customer acknowledges that there are risks inherent in internet connectivity that could result in the loss of customer’s privacy, data, confidential information, and property. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content submitted to our Service.
Limitation of Liability
The cumulative, aggregate liability of Sparkin to Customer for all claims arising out of or related to this agreement and all order forms and statements of work hereunder will not exceed the amounts paid or payable by Customer to Sparkin hereunder for the twelve-month period immediately prior to the event giving rise to the claim. Notwithstanding the foregoing, in no event will Sparkin be liable to customer for any special, incidental, consequential, indirect or punitive damages arising in any way out of or related to this agreement or any order forms hereunder, including, without limitation, any damages for loss of business profits, business interruption, lost revenue, loss of use, loss of data, costs of recreating lost data, the cost of any substitute equipment, program, or data, or claims by any third party. The existence of more than one claim will not enlarge or extend these limits.
You are responsible for all of your activity in connection with the Services and shall defend, indemnify, and hold harmless Sparkin and each of its employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys' fees, that arise from or in connection with your (i) use or misuse of the Services, (ii) use or misuse of the Services by a third party using your account (whether or not authorized by you) (iii) access to any part of Sparkin and the Services, (iv) Your Content, or (v) violation of these Terms.
Termination by You
You can delete your account at any time by raising a support ticket. All your data will be deleted when your request to delete the account is acted upon by us.
Termination by Us
We may restrict, suspend, or terminate the Services to you (i) if you fail to comply with these Terms or our policies (ii) if you use the Services in a way that creates or could create liability for us, (iii) if you interfere with other’s use of the Services, (iv) if a law enforcement, judicial body, or other government agency requests us to do so, or (v) if we need to investigate suspected misconduct by you. Any such restriction, suspension, or termination shall be made by us in our sole discretion, and we will not be responsible to you or any third party for any damages that may result or arise out of such restriction, suspension, or termination of your account and/or access to the Services. In the event of an urgent matter, we reserve the right to take immediate action without notice.
Effect of Termination
Upon termination by either you or Sparkin, (i) all of Your Content will be immediately deleted from the Services, (ii) you will no longer access (or attempt to access) the Services, (iii) all outstanding fees owed to Sparkin will become immediately due and payable, and (iv) we shall have no obligation to retain any of Your Content. You are solely responsible for exporting Your Content from the Services prior to termination of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These ToU (including Customer Agreement and Behaviour Rules) are the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect to the subject matter contained herein.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed byus or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
All notices under the ToU will be served by mail to Your email address on record in Your Primary Account information. Notices to Sparkin shall be sent by email to firstname.lastname@example.org. Any such notice shall be deemed to have been given upon the expiration of 24 hours after sending (if sent by email).
We want to ensure that you have an excellent experience with Sparkin. If you have a problem or concern, we encourage you to first contact us through support ticket to try to resolve any issues.
To expedite resolution and control the cost of any dispute, we encourage you to try to settle Your claim with Us on an informal basis for 30 days before doing so through formal channels. To do so, please contact us by sending a mail to email@example.com with the subject line “Notice of Dispute”. Together we will try to settle on a solution within 30 days of Your email - if we fail to come to an agreement, You or Sparkin are free to start a formal proceeding.
Any dispute arising out of, or in connection with, the ToU, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration administered by The Indian Institute of Arbitration & Mediation, in accordance with the rules of arbitration procedure adopted by The Indian Institute of Arbitration & Mediation, India and in force at the time when such proceedings are commenced.
You agree that any arbitration shall be limited to the Dispute between the You and Us individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, Events of Force Majeure, war, riot, embargoes, acts of civil or military authorities, pandemics, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services). The performance of these ToS shall then be suspended for as long as any such event will prevent the affected party from performing its required obligations under these ToU
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Sparkin Innovations LLP
T2-042, Raheja Navodaya, Sec-92
dns at sparkin dot co
Consumer Behaviour Rules
Last Updated August 05, 2020
- You must conduct only authorized business on the system and use the service in lawful manner, in accordance with 'ToU'.
- You must maintain the confidentiality of your authentication credentials such as your password. Do not reveal your authentication credentials to anyone; a Saprkin employee should never ask you to disclose them.
- You must follow proper login/logout process. Do not store your password locally on your system or utilize any automated login capabilities.
- You must not use the Service to store or transmit files, data, text, audio, video, images or any other content that infringes any other person’s intellectual property rights.
- You must report all security incidents or suspected incidents (e.g. improper or suspicious acts) related to Sparkin system at firstname.lastname@example.org
- You must not establish any unauthorized interfaces between systems, networks, and applications owned by Sparkin. You must not interfere with, attempt to gain unauthorized access, or disrupt the integrity or performance of the Services and its components.
- You must not retrieve information, or in any other way disclose information, for someone who does not have authority to access that information.
- You must not share private information with third parties, obtained through the use of the Service.
- You must not license, sublicense, sell, resell, rent, lease, transfer, assign, stream, distribute, time share or otherwise commercially exploit the Service.
- You agree to contact the Sparkin Team at email@example.com if you do not understand any of these rules.
- You must not use Sparkin name, logo, or other trademark-protected materials in a manner that may mislead or confuse others with regard to brand or business affiliation.
Last Updated August 30, 2020
Our Services are billed on a subscription basis (Called “Subscription”
You agree to pay for Subscriptions that You purchase or use, according to the pricing and payment terms presented to You on an order form, on our Service, or in, in special circumstances, on a Subscription offer sent from Sparkin.
Sparkin may offer limited-time access to paid Subscriptions (referred to as “Trials”). When using a Trial, You are granted access to the features of a given Subscription on a Space for a limited amount of time (the “Trial Period”), disclosed at the outset of the Trial. If You have already registered payment information on the relevant Account, the Trial will automatically turn into a paid Subscription with Monthly Billing at the end of the Trial period, if it is not canceled before.
You can choose to pay for a Subscription either on a monthly basis
(“Monthly Billing”) or on a yearly basis (“Yearly Billing”). This “Billing Cycle”
governs the length of the “Billing Period”, the time for which a Subscription is
You can find your Subscription Fees, Billing start and end date, by clicking on the Profile link in the dropdown menu under Your username and then by clicking “Settings” (Administrator Account only) and accessing “Subscriptions” tab.
You hereby agree to automatic renewal of Subscriptions. This means that any
Subscription You purchase will renew at
the end of its Billing Period, unless You cancel it before.
By registering a credit card with Sparkin, You hereby agree to recurring billing. You authorized Us (or a designated third-party provider) to bill and automatically charge Your Credit Card on the (or close to the) same date every Billing Period, starting from the time a Subscription is bought or updated or You change Your Billing Cycle.
Payments for Subscriptions must always be made in advance and payment is due immediately when Subscribing and will be considered unpaid if it remains unpaid (7) days past the invoice date. Any late payment will be subject to any costs of collection (including reasonable legal fees) and will bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial periods) or at the maximum rate permitted by law, whichever is less. If You have set up a direct debit, SWe will not debit your designated account before seven (7) days have elapsed from the date of the invoice. If You are delinquent on a payment of fees for fifteen (15) days or more, We may suspend access to the Application. Complaints concerning invoices must be made in writing within thirty (30) days from the date of the invoice. Invoices will be sent by electronic delivery.
Change in Subscription Plans
Changes can be made to subscriptions in the middle of their terms. For example, a subscription may be upgraded or downgraded to a different plan, or quantities may be added or removed. Since this introduces a change in the price of the subscription, prorated credits and charges will be raised to ensure proper billing.
Proration does not apply to coupons that accompany your plans. As rebates on the items in your plans and addons, coupons are not prorated.
Sample - Plan Quantity Upgrade
Subscription created with plan quantity 1, on the 1st of October
Plan Amount: $10
Invoice generated: $10x 1 (qty)= $10
Invoice is paid
Subscription was changed on the 16th of October
New subscription quantity: 3
Credit Note will not be generated.
A new invoice is generated for the 2 additional quantities
New Invoice generated: $5 x 2= $10
Sample - Plan Quantity Downgrade
Subscription created with plan quantity 2, on the 1st of September
Plan Amount: $10
Invoice Generated: $10x 2 (qty)= $20
Invoice is Paid
Subscription is changed on the 16th of September
New subscription quantity: 1
Invoice will not be generated
Prorated Refundable Credits $5x 1 (qty)= $5 will be issued
An active subscription can be canceled any time.
If you cancel the Services before the end of your current subscription period, the cancellation will take effect at the end of current term. (The subscription status will be shown as non-renewing). For clarity, amounts paid are non-refundable for monthly plans. You will not be charged for any subsequent subscription periods.
Your Content will not be deleted from the Services and you will be moved to Free plan. If you want to delete your account you can raise a support ticket.
Reactivating Canceled Subscription
To re-start the billing for a canceled subscription, you can ‘reactivate' your subscription.
We currently do not provide any facility to pause the subscription.
We must use reasonable efforts to ensure the Service is available on a 24/7 basis and to minimize downtime. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website, in-app and/or notify you by email in advance of any planned unavailability that may last 5 minutes or more.
Through the use of web services and APIs, the Service inter-operates with a range of third-party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third-party feature, you are not entitled to any refund, discount or other compensation
It is not allowed to squat (intentionally register and hold without the intent to use) Sparkin Spaces (subdomains that you register) for any purpose. Selling, buying or exchanging registered Spaces is not allowed. Sparkin reserves the right to register and mediate ownership of Spaces for known brands.
We reserve the right to terminate Spaces and permanently delete Content on any Space that We consider to be inactive. We currently identify inactive Spaces if it is not visited by any authorized user/member for a period of three (3) months.
Customer will not:
- distribute, license, loan, or sell the Software or other content that is contained or displayed in it;
- modify, alter, or create any derivative works of the Software;
- reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software;
- remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software;
- upload, post, reproduce or distribute any information, software, or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
Sparkin may access Your data for the purpose of providing services related to the Subscription Services, including proper function of the software, responding to your service requests made to product support, and the on-going maintenance and enhancement of Subscription Services. Sparkin may not directly expose, market, or sell any Your data. We may use Data and information about you and your end users’ use of the Services to generate anonymized and aggregated statistical and analytical data (Analytical Data). We can use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights. The Analytical data developed by Sparkin is the sole and exclusive property of Sparkin and may be incorporated into products and services at its sole discretion.
Marks and Publicity
Company and Customer trademarks, trade names, service marks, and logos, whether or not registered (“Marks”), are the sole and exclusive property of the respective owning party, which owns all right, title and interest therein. Company may: (i) use the Customer’s name and/or logo within product literature, press release(s), social media, and other marketing materials; (ii) quote the Customer’s statements in one or more press releases; and/or (iii) make such other use of the Customer’s name and/or logo as may be agreed between the parties. Additionally, Company may include Customer’s name and/or logo within its list of customers for general promotional purposes. Company shall comply with Customer’s trademark use guidelines as such are communicated to the Company in writing and Company shall use the Customer’s Marks in a manner which is consistent with industry practice. Neither party grants to the other any title, interest or other right in any Marks except as provided in this Section.
Content - Intellectual Property
As between You and Sparkin, You retain ownership of the intellectual property rights of the content You submit to us or the Services (“Your Content”), except for the limited rights that enable us to perform the Services as expressly defined in Terms. You give Us the worldwide, royalty-free, non-exclusive, perpetual right to store, display, modify, edit, send, delete, scan, analyze, track, repackage and reproduce Your Content to the extent necessary to provide our Service - without further notice or consent from You. By submitting Content to the Service You warrant that You have the necessary ownership rights, licenses and consent to grant us the necessary rights to run and improve Our Service (ii) the Content itself, Your action of uploading, posting, communicating or otherwise making it available via the Service is in no way infringing or violating a third-party’s rights in any way and does not result in the violation of any law or regulation.
Using the Services does not give you ownership of any intellectual property rights in the Services. You agree that all Sparkin content and materials delivered via the Services or otherwise made available by Sparkin (collectively, “Our Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Sparkin in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of Our Content. Reproducing, copying, or distributing any of Our Content or Sparkin design elements for any other purpose is strictly prohibited without our express prior written permission. Use of Our Content for any purpose not expressly permitted in these Terms is prohibited. Sparkin reserves any rights not expressly granted in these Terms.
As a company, we take data security and privacy very seriously. We recognize that our information security practices are important to you. Innovation and idea sharing can contain highly confidential information and should always be kept safe from harm. For that reason we have put in place extensive security and control processes that help ensure information safety. While we prefer not to expose too many details around our practices, we have provided some general information below to give you confidence in how we secure the data entrusted to us.
Data Center Security
We store persistent Customer data on the Amazon Web Services (AWS) with servers located in the USA region(s). AWS is a market leader in cloud platform service providers, with top-of-the-class security covering Physical Access Controls, Survellince, Detection, Business Continuity and Disaster Recovery measurements. Read more about AWS Data Center practices.
Application Level Security
Sparkin account passwords are hashed. Our own staff can't even view them. If you lose your password, it can only be reset by you.
Data in Transit
When a user visits a website or application, the details of the interactions are sent to Sparkin Application Servers over HTTPS. All data transferred over HTTPS is encrypted. We only allow connections over HTTPS exclusively to ensure data is encrypted in transit.
Data at Rest
All Sparkin Customer data is encrypted at rest, that includes the underlying storage for database instances, its automated backups, read replicas, and snapshots. We use the industry standard AES-256 encryption algorithm to encrypt your data on the server.
Individual Customers' Data
We store Individual customers' data in different database. All databases are kept separate and dedicated to preventing corruption and overlap. Your data is only accessible after the successful exchange of a session token from our API that carries with it access rights to a specific Customer’s data depending on multiple factors such as the Space, the specific user access token, as well as the operation that is attempted to be performed.