Magic-Link Terms

Effective: September 1, 2026

Introduction. If you are a Submitter, and not otherwise an Account Holder yourself, these Magic-Link Terms (the “Submitter Terms”) govern your access to and use of the Services. Please read them carefully as these Submitter Terms are a legally binding contract between you and CinderSparq, Inc. (“CinderSparq”). As part of these Submitter Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these Submitter Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to these Submitter Terms, you confirm that you have read, understand, and agree to be bound by the Submitter Terms.

READ THESE SUBMITTER TERMS CAREFULLY BEFORE SUBMITTING A CONVERSATION, AS SUBMITTING A CONVERSATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE SUBMITTER TERMS. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE SUBMITTER TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THE SUBMITTER TERMS THEMSELVES.

Eligibility. By agreeing to these Submitter Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been removed from the Services; and (c) your use of the Services is in compliance with any and all applicable laws and regulations.

Circumstances. These Submitter Terms govern a conversation submitted through a CinderSparq magic link. All magic links are denoted from our backend as containing the term "/magic/" in the URL.

A magic link is not associated with any business. CinderSparq holds your submission, on the basis described under Custody prior to claim below, until somebody claims it.

A link bound to a business delivers your submission to that business directly. That business has separately agreed to our Account Terms, and its own choices and instructions determine what is subsequently done with your conversation, including its retention, export and deletion. Please refer to that business's own terms and privacy policy for the choices available to you.

These Submitter Terms do not govern every way of sending us a conversation. A business may instead issue a capture link of its own, which is a different arrangement with its own terms presented at the time; these Submitter Terms are not among them.

The link. A magic link is a capability: any person who holds the link may view the conversation associated with it. The Services do not require an account and do not authenticate access against an identity. Accordingly, any person to whom you forward, publish or otherwise disclose your link will be able to view your submission. You are solely responsible for the custody of your link. CinderSparq is not able to identify the persons who have accessed a link, and is not able to revoke a link on your behalf.

Availability period. A link remains available for seven days, calculated from the moment the conversation is submitted. After the availability period, the link no longer resolves and cannot be used to retrieve your submission. Retrieval is not recoverable after expiry. If you require a copy of your submission, obtain one before the availability period ends or claim it into an account.

Custody prior to claim. A conversation submitted through a magic link is held by CinderSparq rather than by any business, and personnel of CinderSparq may additionally access it for abuse prevention purposes and product training. If you do not wish your conversation to be held on this basis, do not submit it through a magic link and ask the requestor to create a free account so that the conversation can be held in their account.

Claiming a link. Anyone in possession of a magic link can optionally claim it into their account. This will prompt them to create or sign into an account if they are not currently signed in. Claiming removes CinderSparq's custody over the link and overrides the automatic 7 day deletion policy. CinderSparq will also lose the ability to view the conversation data except on previously flagged content for abuse prevention. CinderSparq cannot guarantee that any product improvement training done on the conversation will be undone. If you do not wish for CinderSparq to train on your data, please use a account bound link instead of a magic link. Claimed magic links will otherwise behave similarly to account bound links and please refer to our Privacy Policy for more details.

Your submission. As between you and CinderSparq, you retain any rights you may hold in the conversation you submit. You grant CinderSparq a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, reproduce and process your submission for the purpose of operating the Services and delivering your submission to its intended recipient. Where the checkbox you selected at submission states that CinderSparq may use your conversation to develop and improve its products, that license extends to developing, training and evaluating the models and software that operate the Services.

Conversations involving other people. A conversation you submit may contain the personal data of third parties — the other participants in it, and anyone named or described within it. The laws regarding the notice and notification requirements of such conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any conversation you submit as required under applicable law. Before you submit, please make sure you have the necessary permissions from those individuals; the Services display your conversation for review so that you may remove their information.

Use restrictions. BY USING THE SERVICES YOU AGREE NOT TO:

a. use the Services for any illegal purpose or in violation of any local, state, national, or international law;

b. submit any conversation that you are not entitled to disclose, or that you obtained unlawfully;

c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any right of privacy, publicity, or intellectual property;

d. interfere with security-related features of the Services, including by disabling or circumventing any access-control mechanism; or

e. interfere with the operation of the Services or any other user's use of them.

Term. These Submitter Terms are effective beginning when you first access or use the Services and end when terminated. If you violate any provision of these Submitter Terms, your authorization to access the Services and these Submitter Terms automatically terminate. CinderSparq may suspend or discontinue the Services, or any link, at any time.

DISCLAIMER. THE SERVICES AND EVERYTHING AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CINDERSPARQ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. CINDERSPARQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, AND IS NOT RESPONSIBLE FOR ANY FAILURE TO STORE OR MAINTAIN A SUBMISSION.

THE SERVICES ARE FURNISHED TO YOU AT NO CHARGE. YOU SHOULD NOT RELY ON A CINDERSPARQ LINK AS THE ONLY COPY OF ANYTHING YOU WISH TO KEEP, AND YOU ACKNOWLEDGE THAT A LINK CEASES TO RESOLVE AFTER ITS AVAILABILITY PERIOD AND THAT RETRIEVAL IS NOT RECOVERABLE AFTERWARDS.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, CINDERSPARQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE SUBMITTER TERMS OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SUBMITTER TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Governing law. These Submitter Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Modification of these Submitter Terms. We may modify these Submitter Terms. Each submission records the version in force when it was made, and superseded versions remain published, because agreement given against earlier wording is not governed by later wording.

Miscellaneous. Entire Agreement. These Submitter Terms, together with the Privacy Policy, constitute the entire agreement between you and CinderSparq regarding your submission. Notices. Questions or requests may be sent to legal@cindersparq.com or through the Contact page; please include your link, as it is ordinarily the only means by which we can identify your submission. Privacy. Our collection and use of personal data is described in the Privacy Policy. Waiver. A failure to enforce a provision is not a waiver of it. Severability. If a provision is held unenforceable, the remainder of these Submitter Terms continues in effect.

CinderSparq, Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States.