Terms of Service for Big Spark AI
Last Updated: April 9, 2025
Introduction
Welcome to Big Spark AI ("we," "our," "us," "the Service," or "the App"). By accessing or using our web application, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you do not have permission to access the Service.
Definitions
- "User," "you," and "your" refer to the individual accessing or using the Service.
- "Content" refers to any information, data, text, audio recordings, or other materials submitted to or through the Service.
- "AI Feedback" refers to the automated insights and analysis generated based on information about your dating experiences.
Account Registration
To use our Service, you must create an account by providing your name and email address. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access or use of your account
- Take responsibility for all activities that occur under your account
Acceptable Use
By using our Service, you agree not to:
- Use the Service for any illegal purpose
- Upload false, misleading, or fraudulent content
- Attempt to access, tamper with, or use non-public areas of the Service
- Probe, scan, or test the vulnerability of our systems
- Interfere with other users' enjoyment of the Service
- Use the Service to harm, threaten, or harass others
Content Submission and Recording Consent
General Content Guidelines
You retain ownership of the content you submit to our Service. However, by submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display that content for the purpose of operating and improving the Service.
Recording Consent Requirements
IMPORTANT: When submitting audio recordings or other content involving conversations with other individuals, you must comply with all applicable laws regarding consent for recording:
- Two-Party/All-Party Consent Jurisdictions: If you are located in a state or jurisdiction that requires all parties to consent to recording (including but not limited to California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington), you MUST obtain explicit consent from ALL parties before recording any conversation where there may be an expectation of privacy.
- Expectation of Privacy: Any conversation where participants would reasonably expect their communications to be private requires proper consent before recording.
- Legal Compliance: Failure to obtain proper consent may violate state and federal laws, including wiretapping and privacy laws, and could subject you to criminal penalties and civil liability.
You represent and warrant that any content you submit to our Service has been obtained in compliance with these requirements. We reserve the right to remove content and terminate accounts that violate these provisions.
AI Feedback Service
Our Service provides AI-generated feedback based on information you submit about your dating experiences. You acknowledge that:
- AI feedback is provided for informational purposes only
- Our AI analysis is not a substitute for professional relationship counseling
- Results may vary and we do not guarantee specific outcomes
- We are not responsible for decisions you make based on our feedback
Data Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy explains how we collect, use, and protect your personal information.
Service Modifications and Termination
We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time
- Change fees or charges for using our Service (with reasonable notice)
- Terminate or suspend your account for violations of these Terms
Intellectual Property
The Service and its original content, features, and functionality are owned by Big Spark AI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT SHALL BIG SPARK AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
Indemnification
You agree to defend, indemnify, and hold harmless Big Spark AI and its licensees, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Service.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last Updated" date at the top of this page. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had regarding the Service.