Terms and Conditions

2.1 Age Requirement

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that you have your parent's or guardian's permission to use the Service and that they have agreed to these Terms on your behalf.

2.2 Account Creation

To use certain features of the Service, you must create an account by providing:

• A valid email address
• Authentication credentials (via email/password, Google Sign-In, or Apple Sign-In)
• Accurate, current, and complete information

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at sparksupport@gmail.com of any unauthorized use of your account.

2.3 Account Security

You are solely responsible for:

• Maintaining the security of your account
• All activities under your account
• Ensuring your account information remains accurate and up-to-date

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.1 Subscription Tiers

WindSpark offers three subscription tiers:

4.2 Payment Processing

• Subscriptions are processed through Apple App Store (iOS) or Google Play Store (Android)
• Payment methods accepted are those supported by your respective app store
• All prices are in USD unless otherwise stated
• Prices may vary by region and are subject to applicable taxes

4.3 Billing and Renewal

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You will be charged the subscription fee to your app store account at confirmation of purchase
• Subscription fees are charged in advance on a monthly or annual basis
• We reserve the right to change subscription prices with 30 days' notice

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your app store account settings
• Cancellation takes effect at the end of the current billing period
• You will retain access to premium features until the end of your paid period
• Refunds are subject to the policies of Apple App Store or Google Play Store
• For refund requests, contact your app store support or email sparksupport@gmail.com

4.5 Plan Changes

• You may upgrade or downgrade your subscription at any time
• Changes take effect immediately
• Downgrades: You retain access to premium features until the end of your current billing period
• Upgrades: You gain immediate access to new features; billing is prorated
• When downgrading, some features may become limited based on your new tier

4.6 Free Trial

If offered, free trials are subject to the following:

• Trial period and terms will be clearly disclosed at sign-up
• You will be automatically charged at the end of the trial unless cancelled
• Only one free trial per user per subscription tier
• We reserve the right to modify or discontinue free trials at any time

5.1 Content You Create

You may create, upload, post, and share content through the Service, including:

• Challenge completion results (images, videos, audio, text)
• Comments, reactions, and feedback
• Profile information and social media links
• Circle posts and interactions

5.2 Your Rights and Responsibilities

You retain ownership of content you create. However, by posting content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to:

• Use, reproduce, modify, adapt, publish, translate, and distribute your content
• Display and perform your content in connection with the Service
• Use your content for promotional and marketing purposes
• Store and transmit your content as necessary to provide the Service

5.3 Content Standards

You agree not to post, upload, or share content that:

• Violates any law, regulation, or third-party rights
• Is defamatory, libelous, obscene, pornographic, or sexually explicit
• Contains hate speech, harassment, bullying, or threats
• Infringes intellectual property rights of others
• Contains malware, viruses, or harmful code
• Is spam, fraudulent, or misleading
• Violates privacy rights of others
• Depicts violence, self-harm, or illegal activities

5.4 Content Moderation

We reserve the right to:

• Review, moderate, and remove any content that violates these Terms
• Use automated and manual moderation tools to screen content
• Suspend or terminate accounts that repeatedly violate content policies
• Report illegal content to appropriate authorities

5.5 Content Removal

We may remove content at our sole discretion if it:

• Violates these Terms or our Community Guidelines
• Is reported by other users
• Is flagged by our moderation systems
• Is subject to a valid legal request

You may request removal of your own content by contacting sparksupport@gmail.com.

6.1 Challenge Generation

WindSpark uses artificial intelligence (including Google Gemini) to generate personalized daily challenges. You acknowledge that:

• Challenges are AI-generated and may contain errors or inaccuracies
• Challenge content is provided "as-is" without warranties
• We are not responsible for the outcomes or results of challenges
• Challenge suggestions are recommendations only

6.2 AI Limitations

You understand that:

• AI-generated content may not always be appropriate or accurate
• We do not guarantee the quality, accuracy, or suitability of AI-generated challenges
• You are responsible for evaluating and deciding whether to accept challenges
• We reserve the right to modify or discontinue AI features at any time

7.1 Our Intellectual Property

The Service, including its design, features, functionality, and content (excluding user-generated content), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or branding without permission

7.2 Your Intellectual Property

You retain ownership of content you create. However, you grant us the licenses described in Section 5.2.

7.3 Third-Party Intellectual Property

If you believe your intellectual property has been infringed, please contact us at sparksupport@gmail.com with:

• Description of the copyrighted work
• Location of the allegedly infringing content
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury

8.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.2 Data Collection

We collect information including:

• Account information (email, name, profile data)
• Usage data (challenges completed, features used)
• Device information (device type, operating system)
• Location data (if permitted)
• Content you create and share

8.3 Data Usage

We use your data to:

• Provide and improve the Service
• Personalize your experience
• Process payments and subscriptions
• Send notifications and communications
• Ensure safety and security
• Comply with legal obligations

8.4 Data Retention

We retain your data for as long as your account is active or as needed to provide the Service. You may request deletion of your account and data by contacting sparksupport@gmail.com.

9.1 Acceptable Use

You agree to use the Service in a lawful and respectful manner. You will not:

• Harass, bully, or threaten other users
• Post spam or unsolicited communications
• Impersonate others or provide false information
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to accounts or systems
• Use automated systems to access the Service without permission
• Exploit bugs or vulnerabilities
• Share account credentials with others

9.2 Circles and Social Features

When participating in circles, feeds, or other social features:

• Respect other members and their content
• Follow circle-specific rules set by circle owners
• Do not share private circle content outside the circle without permission
• Report inappropriate behavior to moderators or support

9.3 Enforcement

Violations of these Terms or Community Guidelines may result in:

• Content removal
• Warning notifications
• Temporary or permanent account suspension
• Account termination
• Legal action where appropriate

10.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription (if applicable)
• Deleting the app from your device
• Contacting us at sparksupport@gmail.com to request account deletion

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or Community Guidelines
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• Required by law or court order
• You fail to pay subscription fees (for paid accounts)

10.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Your access to premium features ends
• We may delete your account and content (subject to legal retention requirements)
• You remain responsible for any charges incurred before termination
• Sections of these Terms that by their nature should survive will remain in effect

11.1 Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That the Service will meet your requirements
• That defects will be corrected
• The accuracy or completeness of any content

11.2 "As-Is" Service

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, OR NON-INFRINGEMENT.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, OR USE
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• CONTENT CREATED BY YOU OR OTHER USERS
• ACTIONS OF THIRD PARTIES (INCLUDING APP STORES)

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.4 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability is limited to the maximum extent permitted by law.

13.1 App Stores

The Service is distributed through Apple App Store and Google Play Store. Your use of the Service is also subject to:

• Apple's App Store Terms of Service (for iOS users)
• Google Play Terms of Service (for Android users)
• Payment processing terms of the respective stores

13.2 Third-Party Integrations

The Service may integrate with third-party services, including:

• Supabase (authentication and backend)
• Adapty (subscription management)
• Google Gemini (AI challenge generation)
• Sightengine (content moderation)
• Payment processors

Your use of these services is subject to their respective terms and privacy policies.

13.3 Links to Third-Party Sites

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of third-party sites.

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at sparksupport@gmail.com to attempt to resolve the dispute informally.

14.3 Arbitration

For disputes that cannot be resolved informally, you agree to binding arbitration under the rules of [Arbitration Organization], except where prohibited by law.

14.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class-wide arbitration.

15.1 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be:

• Posted in the Service
• Emailed to your registered email address
• Effective 30 days after notification (or immediately for legal/regulatory changes)

Your continued use after changes constitutes acceptance.

15.2 Modifications to Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service
• Change features, functionality, or pricing
• Impose usage limits
• Remove content or features

We will provide reasonable notice of material changes when possible.

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WindSpark regarding the Service.

16.2 Severability

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

16.3 Assignment

You may not assign or transfer these Terms or your account without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

16.6 Notices

Notices to you may be sent via:

• Email to your registered email address
• In-app notifications
• Push notifications

Notices to us should be sent to sparksupport@gmail.com.