- Introduction
Welcome to People Renaissance, Inc. dba Sparkwise! (“Company”, “we”, “our”, “us”)
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages and applications located at https://sparkwise.co, https://app.sparkwise.co, and other subdomains as applicable, operated by People Renaissance, Inc.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://sparkwise.co/privacy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing info@sparkwise.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
- Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing info@sparkwise.co.
- Trial Use
Some of our Service is available in a free trial, sometimes also referred to as a “Pilot”. Your use of Service during a free trial is also subject to these Terms.
- Purchases
If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly, or annual basis, depending on the type of pricing plan you select when purchasing.
- Payment Plans
Service may be billed on a subscription basis (“Subscription(s)”). At the end of each Billing Cycle, your Subscription will automatically renew under the pricing conditions offered at the time of renewal, unless you cancel it, or People Renaissance, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting People Renaissance, Inc. customer support team.
Should automatic billing fail to occur for any reason, People Renaissance, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Some parts of Service are billed on a usage basis (“Package(s)”).
You will be billed at the current rate in effect at the time of each Billing Cycle. Any upgrades or downgrades to the pricing plan will take effect at the start of the next billing cycle.
- Fee Changes
People Renaissance, Inc., in its sole discretion and at any time, may modify fees for the Subscriptions and Packages. Any fee change will become effective at the end of the then-current Billing Cycle.
People Renaissance, Inc. will provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate any Subscriptions before such change becomes effective.
Your continued use of Service after Subscription fee changes come into effect constitutes your agreement to pay the modified Subscription fee amount.
- Refunds
We provide refunds if we stop providing Service to you for a reason not laid out in these Terms.
Except when required by law, paid Purchases are non-refundable. We are not obligated to provide a refund for any other reason, including if a user or client does not attend a scheduled Service session or meeting. It is your responsibility to manage your or your team’s schedule and ensure you are able to attend any scheduled Service session or meetings. If you are unable to attend a Service session or meeting, it is your responsibility to provide advance notice and reschedule for a later date, subject to availability.
- User-Generated Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right to make your Content available to other users of Service, such as other users in your live session, who may also use your Content subject to these Terms.
People Renaissance, Inc. has the right but not the obligation to monitor and edit all Content provided by users. We take reasonable care to protect Content provided by users from unauthorized disclosure, including industry-standard encryption and access controls. However, users are advised not to submit sensitive and confidential Content to Service.
In addition, Content found on or through this Service are the property of People Renaissance, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. In particular, distribution of Sparkwise materials inside or outside of an organization without our express written permission is a violation of copyright law and expressly prohibited.
- Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to, directly or indirectly:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”)
(d) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(e) Use any device, software, or routine that interferes with the proper working of Service.
(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(h) Attack Service via a denial-of-service attack or a distributed denial-of-service attack
(i) Modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services).
(j) Use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third.
(k) Remove any proprietary notices or labels.
(l) Take any action that may damage or falsify Company rating.
(m) Otherwise attempt to interfere with the proper working of Service.
- Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service. Use of data is governed by our Privacy Policy and the ones of our service providers listed within our Privacy Policy.
- Use By Minors
Service is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using any of Company, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least thirteen (13) years old, you are prohibited from both the access and usage of Service.
- Accounts
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of People Renaissance, Inc. and its licensors. Service is protected by copyright, trademark, patent, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of People Renaissance, Inc.
People Renaissance, Inc. may use the name and logo of current or past paying customers to identify them as customers of People Renaissance, Inc. If you prefer that your name and/or logo not be used, you can email us at info@sparkwise.co.
- Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
- Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@sparkwise.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
- DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at info@sparkwise.co
- Error Reporting and Feedback
You may provide us directly at info@sparkwise.co with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
- Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by People Renaissance, Inc.
People Renaissance, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You agree that People Renaissance, Inc. is not responsible for any damage or loss that may occur from using or relying on content, goods, or services provided by third-party websites or services.
- Disclaimer Of Warranty
These services are provided by Company on an “as is” and “as available” basis. This means that we do not guarantee that our services will always work perfectly. We do not make any warranties or representations about the completeness, security, reliability, quality, accuracy, or availability of the services. We do not guarantee that Service will meet your needs or expectations. You use our Service at your own risk.
The company explicitly disclaims all warranties, including warranties of merchantability, non-infringement, and fitness for a particular purpose. Please note that the above statements do not affect any warranties that cannot be excluded or limited under applicable law.
- Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage that may arise from your use of our products or services, including any legal fees or expenses. This includes any personal injury or property damage resulting from a violation by you of any federal, state, or local laws, statutes, rules, or regulations.
If Company is found to be liable, our liability will be limited to the amount paid for the products and/or services. We will not be liable for any consequential or punitive damages.
Note that some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so this limitation or exclusion may not apply to you.
- Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.
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. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
- Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
- Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
- Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
- Acknowledgement
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
- Contact Us
Please send your feedback, comments, or requests for technical support by email: info@sparkwise.co.
