Terms of Service

1. Acceptance of Terms

Welcome to SparklyFeed! By accessing or using our service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our service.

These Terms constitute a legally binding agreement between you and SparklyFeed ("we," "us," or "our") regarding your use of the SparklyFeed platform and services.

2. Description of Service

SparklyFeed is an AI-powered social media management platform that helps users create, schedule, and publish content across multiple social media platforms. Our services include:

• AI-generated images, captions, and hashtags
• Content calendar and scheduling tools
• Automated posting to connected social media accounts
• Analytics and engagement tracking
• Integration with social media platforms including Instagram, Facebook, Twitter/X, LinkedIn, and TikTok

3. User Accounts

3.1 Account Creation

To use SparklyFeed, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Age Requirements

You must be at least 13 years old to use SparklyFeed. If you are under 18, you must have parental or guardian consent.

4. AI-Generated Content

4.1 Content Ownership

You retain all rights to content you create using SparklyFeed, including AI-generated images, captions, and other materials. Once generated, the content belongs to you.

4.2 Content Responsibility

While we use advanced AI technology, you are solely responsible for reviewing, editing, and approving all content before publication. You agree that SparklyFeed is not responsible for the accuracy, appropriateness, or legality of AI-generated content.

4.3 Content Guidelines

You agree not to use our service to generate or publish content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains hate speech, harassment, or discrimination
• Includes explicit or adult content
• Spreads misinformation or false information
• Violates the terms of service of connected social media platforms

5. Social Media Integration

5.1 Third-Party Platforms

SparklyFeed integrates with third-party social media platforms. Your use of these platforms through our service is subject to their respective terms of service and privacy policies.

5.2 Account Connections

You authorize SparklyFeed to access and post content to your connected social media accounts on your behalf. You may revoke this authorization at any time through your account settings.

5.3 Platform Changes

We are not responsible for changes made by third-party platforms that may affect the functionality of our service.

6. Payment and Subscriptions

6.1 Pricing

SparklyFeed offers various subscription plans, including a free tier. Pricing for paid plans is available on our website and may change with notice.

6.2 Billing

Paid subscriptions are billed on a recurring basis. You authorize us to charge your payment method for all fees incurred.

6.3 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. Refunds are provided at our discretion and subject to our refund policy.

7. Prohibited Activities

You agree not to:

• Use the service for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service
• Reverse engineer or attempt to extract source code
• Use automated means (bots, scripts) to access the service without permission
• Resell or redistribute our service
• Impersonate others or provide false information

8. Intellectual Property

8.1 Our Rights

SparklyFeed and its original content, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws.

8.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable license to use SparklyFeed for your personal or business purposes in accordance with these Terms.

8.3 Feedback

If you provide feedback or suggestions about SparklyFeed, we may use them without obligation to you.

9. Disclaimers

9.1 Service Availability

SparklyFeed is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service. We may modify, suspend, or discontinue any part of the service at any time.

9.2 AI Accuracy

While our AI technology is advanced, we do not guarantee the accuracy, quality, or appropriateness of AI-generated content. Users must review and approve all content before publication.

9.3 Third-Party Services

We are not responsible for the availability, content, or practices of third-party platforms or services.

10. Limitation of Liability

To the maximum extent permitted by law, SparklyFeed and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses resulting from:

• Your use or inability to use the service
• Any unauthorized access to your data
• Any interruption or cessation of the service
• Any bugs, viruses, or malicious code transmitted through the service
• Any errors or omissions in content
• Actions or content of third parties on or through the service

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless SparklyFeed and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the service
• Your content or data
• Your violation of these Terms
• Your violation of any rights of another party

12. Termination

12.1 By You

You may terminate your account at any time through your account settings or by contacting us.

12.2 By Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion. We will provide notice when reasonably possible.

12.3 Effect of Termination

Upon termination, your right to use the service ceases immediately. We may delete your data after a reasonable period, subject to legal obligations.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the service. Your continued use of SparklyFeed after changes constitutes acceptance of the modified Terms.

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with SparklyFeed, please contact us first to attempt to resolve it informally.

14.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

14.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a member of any class action.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

16. Severability

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

17. Entire Agreement

These Terms constitute the entire agreement between you and SparklyFeed regarding your use of the service and supersede all prior agreements.

18. Contact Information

If you have questions about these Terms, please contact us at:

Email: legal@sparklyfeed.com
Website: https://sparklyfeed.com