Account Terms
Account Terms
Effective: September 1, 2026
These Account Terms (the “Terms”) are a legally binding contract between you and CinderSparq, Inc. (“CinderSparq,” “we,” “us”) governing your registration for and use of a CinderSparq account. Our Privacy Policy is incorporated by reference. By registering for or using an account, you confirm that you have read, understand, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.
If you submitted a conversation through a link and do not hold an account, these Terms are not yours; see the Magic-Link Terms.
1. Service Overview
CinderSparq captures conversations as records. An account permits you to issue links, provide them to persons from whom you wish to receive a conversation, and access the conversations submitted in response. An account also permits you to claim a conversation submitted through a plain CinderSparq link, where you hold that link.
2. Eligibility
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
3. Accounts and Registration
To access the Service, you must register for an account. Registration and authentication are performed by a third-party authentication provider. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times, and that you have all necessary rights and approvals to provide such information. If you designate individual users to access and use the Service under your account, you are responsible for their use of it. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you believe that your account is no longer secure, then you must immediately notify us at legal@cindersparq.com.
4. Fees
Accounts are presently provided at no charge. We may introduce paid plans. We will not begin charging an existing account without prior notice and an opportunity to decline.
5. Submitted Content
5.1 Ownership. As between CinderSparq and the person who submits a conversation, that person retains any rights they may hold in the conversation they submit.
5.2 Your access. Conversations submitted through your links are made available to you subject to these Terms and to the consent given by the submitter at the time of submission. CinderSparq does not grant you rights in a conversation beyond those the submitter has given, and the submitter's selections at the time of submission govern.
5.3 Product improvement. We do not use conversations held in your account to develop or improve our products unless the submitter separately agreed to that at the time of submission.
6. Conversations You Receive Concern Other People
A conversation submitted to your account contains the personal data of the person who submitted it, and ordinarily of other individuals who are named or described within it. Those individuals have no relationship with you arising from the Service.
The laws regarding the notice and notification requirements of such conversations vary by location, and by the circumstances in which you request one. You acknowledge and agree that you are solely responsible for:
a. having a lawful basis and a legitimate purpose for each conversation you request;
b. providing any notices to, and obtaining consent from, individuals in connection with any conversation you request, as required under applicable law, including any law governing the recording, retention or disclosure of conversations in your jurisdiction or theirs;
c. your handling, retention and disclosure of each conversation after it is submitted to you; and
d. responding to individuals who contact you regarding a conversation you hold.
Where an individual contacts CinderSparq regarding a conversation held in your account, we will ordinarily direct them to you, and you agree to respond.
7. Product Improvement Default
Your account settings include a default for the optional product-improvement checkbox presented to persons submitting through your links. Where you enable it, that checkbox is presented to submitters already selected. A submitter may deselect it. You should consider whether presenting it already selected is appropriate to the persons from whom you are requesting conversations.
8. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law, including any law concerning privacy, the recording or retention of conversations, employment, consumer protection, defamation, harassment, stalking, identity theft, or fraud;
b. request a conversation under false pretenses, or coerce any person into submitting one;
c. use the Service to collect information you are not entitled to collect;
d. use the Service or any portion thereof for the direct or indirect benefit of any third parties, or resell or provide access to the Service, except as we expressly permit;
e. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or proprietary right;
f. interfere with security-related features of the Service, including by disabling or circumventing any access-control mechanism, or by exceeding any usage limit associated with your plan; or
g. interfere with the operation of the Service or any other user's enjoyment of the Service, including by uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code.
9. Investigation
We may investigate conduct that we reasonably believe violates these Terms, and may suspend or terminate an account in connection with such conduct. Where reasonable in the circumstances, we will give notice before doing so.
10. Modification of these Terms
We may modify these Terms. Where a modification is material, we will notify Account Holders before it takes effect. Superseded versions remain published.
11. Term, Termination and Modification of the Service
11.1 Term. These Terms are effective beginning when you accept them or first access or use the Service, and ending when terminated as described in Section 11.2.
11.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, CinderSparq may terminate these Terms or your account, or suspend or terminate your access to the Service, at any time, with or without notice. You may terminate your account and these Terms at any time by contacting us at legal@cindersparq.com.
11.3 Effect of Termination. Upon termination of these Terms: (a) your authorization to access the Service ends and you must immediately cease all use of it; and (b) we will delete the conversations your account holds, except where retention is required by law. Where we terminate for our own convenience rather than for cause, we will allow a reasonable period for you to export the conversations you hold.
12. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify CinderSparq and its officers, directors, employees, consultants, affiliates and agents (together, the “CinderSparq Entities”) from and against every claim brought by a third party, and any related liability, damage, loss and expense, including reasonable attorneys' fees and costs, arising out of or connected with:
a. your unauthorized use of, or misuse of, the Service;
b. your violation of any portion of these Terms, any representation or warranty referenced in these Terms, or any applicable law or regulation;
c. your violation of any right of a third party, including any intellectual property right or right of publicity, confidentiality or privacy;
d. your decision to request a particular conversation, from a particular person, in particular circumstances, and any notice or consent you were required to provide or obtain in connection with it;
e. the content of any conversation submitted through a link you issued, and your handling, retention or disclosure of it after submission; or
f. any dispute between you and a person who submitted a conversation to you, or a person identified within one.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim. You will not settle any claim subject to this section without our prior written consent.
13. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS, CONTENT AND RECORDS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CINDERSPARQ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, CONTENT AND RECORDS AVAILABLE THROUGH IT, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
CINDERSPARQ DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF IT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. CINDERSPARQ IS NOT RESPONSIBLE FOR ANY FAILURE TO STORE OR MAINTAIN ANY CONVERSATION, RECORD, ACCOUNT INFORMATION OR SETTING.
CINDERSPARQ MAKES NO WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF ANY CONVERSATION SUBMITTED TO YOU, WHICH IS SUPPLIED BY THE PERSON WHO SUBMITS IT AND MAY BE EDITED BY THEM BEFORE SUBMISSION. CINDERSPARQ MAKES NO REPRESENTATION THAT A RECORD WILL BE ADMISSIBLE IN ANY PROCEEDING, ACCEPTED BY ANY COURT, TRIBUNAL OR COUNTERPARTY, OR SUFFICIENT FOR ANY EVIDENTIARY PURPOSE, AND PROVIDES NO ATTESTATION, AFFIDAVIT OR EXPERT TESTIMONY IN RESPECT OF ANY RECORD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CINDERSPARQ OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CINDERSPARQ ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE CINDERSPARQ ENTITIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID CINDERSPARQ FOR ACCESS TO THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). YOU ACKNOWLEDGE THAT THE SERVICE IS PRESENTLY PROVIDED AT NO CHARGE AND THAT THIS LIMITATION REFLECTS THAT.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES ALLOCATES RISK BETWEEN THE PARTIES, IS AN ESSENTIAL ELEMENT OF THE BARGAIN, IS SEVERABLE AND INDEPENDENT OF EVERY OTHER PROVISION, AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Privacy and Information Security
Our collection and use of personal data is described in the Privacy Policy.
We do not access conversations held in your account in the ordinary course of business. We may access them where necessary to resolve a fault you have reported, to protect the security or integrity of the Service, or to comply with law. Access of this kind requires an additional authentication step and is recorded in a log that cannot be modified.
16. Governing Law and Dispute Resolution
16.1 Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
16.2 Informal resolution first. Before commencing any proceeding, you agree to contact us at legal@cindersparq.com with a written description of the dispute and the relief you seek, and to allow sixty (60) days for us to attempt to resolve it. This step is a condition of commencing a proceeding.
16.3 Arbitration. Except as provided in Section 16.4, you and CinderSparq agree that every dispute arising in connection with these Terms will be resolved by binding arbitration administered in the State of Delaware, rather than in court. Arbitration is less formal than a lawsuit. It uses a neutral arbitrator instead of a judge or jury, may allow more limited discovery than a court, and is subject to very limited review. An arbitrator can award the same damages and relief a court can. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CINDERSPARQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
16.4 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction in respect of the misuse of the Service, the infringement of intellectual property rights, or a breach of confidentiality.
16.5 Severability of the class waiver. If the class-action waiver in Section 16.3 is held unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in a court of competent jurisdiction in the State of Delaware, and the remainder of Section 16 will continue to apply.
17. Miscellaneous
Entire Agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and CinderSparq regarding the Service. Notices. Notices may be sent to legal@cindersparq.com. Waiver. A failure to enforce a provision is not a waiver of it. Severability. If a provision is held unenforceable, the remainder of these Terms continues in effect. Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets.
CinderSparq, Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States — legal@cindersparq.com