Sparkoh Public Beta Terms of Use and Privacy Notice

1.1 Experimental public beta.

The Service is an experimental public beta. It is under active development, may be incomplete, and may behave in unexpected or unpredictable ways. By using the Service, you expressly accept all risks associated with beta software, including but not limited to instability, errors, and unexpected behavior.

1.2 No reliability, no guarantees.

You understand and agree that, during the beta period, the Service may at any time:

• stop working or crash;
• lose, corrupt, or modify your data or files;
• generate incorrect, unsafe, or misleading outputs;
• expose bugs, vulnerabilities, or other issues not yet discovered or fixed.

We do not guarantee stability, reliability, security, accuracy, or availability of the Service in any form.

1.3 Changes, interruption, shutdown.

We may add, change, limit, or remove features; throttle or block access; or suspend or shut down the Service (in whole or in part) at any time, with or without notice. You should not rely on the Service for production, mission-critical, or safety-critical use during the beta.

1.4 Your responsibility to protect yourself.

You are solely responsible for:

• keeping independent backups and copies of any important data or designs;
• validating and testing all outputs before using them in real projects or products;
• deciding whether the Service is appropriate for your use case in light of the above risks.

2.1 You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service.

2.2 You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

2.3 You must not use the Service for any illegal, harmful, infringing, or abusive purposes, or to interfere with or disrupt the Service or its infrastructure.

3.1 Usage Data.

During your use of the Service, we collect data generated through your interactions with the Service, including your inputs (prompts, files, etc.) and the outputs generated for you (together, "Usage Data").

3.2 Training and improvement.

You agree that we may use Usage Data to train, improve, and develop our models and related products and services, including but not limited to:

• training and evaluating algorithms and models;
• improving product quality, performance, and safety;
• internal analytics, research, and development.

3.3 De-identification and sensitive data.

Where reasonably feasible, we will seek to de-identify or anonymize Usage Data before using it for training or analysis, but we cannot guarantee that all personal or sensitive information will be removed. You should not submit any sensitive personal data, confidential business information, or trade secrets to the Service.

3.4 Irreversibility of training.

You understand and agree that once Usage Data has been used to train models, it is generally not technically possible to fully remove its influence from those models.

4.1 Categories of Data We Collect.

We may collect the following types of information in connection with your use of the Service:

• account and contact information (e.g., name, email address, login credentials);
• Usage Data as described above (inputs, outputs, and related interaction logs);
• technical and device information (e.g., IP address, browser type, operating system, approximate location, timestamps, and performance logs);
• cookies and similar technologies to remember your settings and to understand how the Service is used.

4.2 How We Use Your Data.

We use your information to:

• provide, operate, and maintain the Service;
• personalize and improve the Service and user experience;
• train, evaluate, and improve our models and related products;
• ensure security, prevent abuse, and detect fraud;
• perform analytics and usage statistics;
• comply with legal obligations and enforce these Terms.

4.3 Sharing of Data.

We may share your information:

• with service providers and vendors who process data on our behalf (e.g., hosting providers, analytics tools), subject to appropriate contractual safeguards;
• with our affiliates and group companies for the purposes described in these Terms;
• if required by law, regulation, or legal process, or to protect our rights, property, or safety, or that of our users or the public;
• in connection with a corporate transaction, such as a merger, acquisition, or sale of assets.

We do not sell your personal data in the ordinary meaning of that term.

4.4 International Transfers.

Your information may be processed and stored in countries other than your country of residence, including the United States. These countries may have different data protection laws. Where required by applicable law, we will take steps to ensure an appropriate level of protection for your information.

4.5 Data Retention.

We retain your information for as long as reasonably necessary to fulfill the purposes described in these Terms, including providing the Service, maintaining business records, complying with legal obligations, resolving disputes, and enforcing our agreements. Some derived data (for example, models trained using Usage Data) may be retained longer.

4.6 Your Rights.

Subject to applicable law, you may have certain rights regarding your personal data, such as the right to access, correct, or delete your information, or to object to certain processing. To exercise these rights, you can contact us at support@sparkoh.ai. We may need to verify your identity before responding. These rights may be limited in some circumstances (for example, where we must retain data for legal or security reasons, or where data has already been irreversibly incorporated into trained models).

4.7 Cookies and Similar Technologies.

We use cookies and similar technologies (such as local storage and pixels) to operate, secure, and improve the Service. These technologies help us:

• remember your settings and account preferences;
• enable core functionality, such as login and session management;
• understand how the Service is used so we can improve performance;
• detect abuse, prevent fraud, and maintain system security;
• personalize certain aspects of your experience.

You can manage or disable cookies through your browser settings. If you disable cookies, some features of the Service may not function properly. We do not use cookies for targeted advertising or sell your personal information.

5.1 You retain any rights you lawfully hold in the content you submit to the Service, but you represent that you have all necessary rights and permissions to use such content with the Service and to grant the rights described in these Terms.

5.2 You are solely responsible for your content and for ensuring it does not violate any law or third-party rights (including intellectual property, privacy, and confidentiality).

5.3 If any claim is brought against us in connection with your content or your use of the Service, you agree to be responsible for such claim and to hold us harmless to the extent permitted by law.

6.1 The Service may generate AI-produced content, including text, images, designs, or other outputs ("AI Outputs"). AI Outputs may be inaccurate, incomplete, misleading, unsafe, or not compliant with applicable standards, regulations, or engineering requirements.

6.2 AI Outputs do not constitute professional advice (including but not limited to engineering, legal, financial, or medical advice). You must not rely on them as the sole basis for any decision or design.

6.3 You are solely responsible for reviewing, validating, testing, and approving any AI Outputs before using them in real projects, products, construction, manufacturing, or external deliveries.

7.1 "AS IS" experimental beta.

The Service is an experimental public beta and is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we make no warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 No compensation during beta - you assume all risks.

During the public beta period, to the maximum extent permitted by applicable law, you acknowledge and agree that:

• you use the Service entirely at your own risk;
• we will not be responsible for any form of compensation, refund, or monetary damages of any kind (including direct, indirect, incidental, consequential, special, or punitive damages, or loss of profits, revenue, data, or business) arising out of or relating to your use of, or inability to use, the Service;
• your sole and exclusive remedy is to stop using the Service and delete your account.

8.1 We may modify or update the Service at any time. We may also modify these Terms from time to time. When we do so, we will update the "Last Updated" date above and may post the new Terms on the Service.

8.2 If you continue to use the Service after the updated Terms take effect, you are deemed to have accepted them. If you do not agree, you must stop using the Service.

8.3 We may suspend or terminate your access to the Service at any time, with or without notice, including if we discontinue the beta or believe you have violated these Terms or applicable law.

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you consent to such jurisdiction and venue.

If you have any questions about these Terms, privacy, or the Service, please contact us at:

Email: support@sparkoh.ai