These Terms of Use ("Terms") are a binding agreement between you and QuickNora Labs LLC, a California limited liability company ("QuickNora," "we," "us," or "our"), and govern your use of the Sparka mobile application (the "App"), the getsparka.app website, and any related services (together, the "Service"). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Please read Section 3 (Child Safety & Professional Judgment) and Section 14 (Dispute Resolution & Arbitration) carefully. Section 14 requires that most disputes be resolved through binding individual arbitration and includes a class action waiver. You may opt out of arbitration within 30 days as described in Section 14.
1. Who May Use the Service
The Service is intended for adults aged 18 or older — primarily early childhood educators, caregivers, and parents. The Service is not directed at children, and children may not use the Service. By using the Service you represent that you are at least 18 years old and legally capable of entering into this agreement.
2. What Sparka Is
Sparka is an inspiration tool. You photograph a learning area in your own classroom or home, choose a theme, and Sparka uses artificial intelligence to generate (a) an edited version of your photograph illustrating a possible activity setup and (b) a short written activity idea. Sparka generates ideas and illustrations, not instructions, curricula, or professional guidance.
3. Child Safety & Professional Judgment — Your Responsibility
You — not Sparka — are solely responsible for the safety, supervision, and appropriateness of any activity you choose to set up or carry out.
Generated content is produced by artificial intelligence and may depict or describe materials, arrangements, or activities that are not safe, appropriate, or feasible for the children in your care. Before implementing anything inspired by the Service, you must apply your own professional and personal judgment, including evaluating: choking hazards and small parts; allergens (food, plants, materials); sharp, fragile, breakable, or toxic items; water, heat, and electrical safety; climbing, tipping, and other physical hazards; required adult supervision levels; the ages, developmental stages, abilities, and needs of the specific children involved; and all applicable licensing regulations, facility policies, and laws.
Never leave children unsupervised with materials shown or suggested by the Service. Generated images are illustrative concepts, not certified-safe setups.
4. AI-Generated Content — No Guarantees
The Service uses third-party artificial intelligence models. By its nature, AI-generated content is probabilistic and imperfect. You acknowledge and agree that:
- Results vary. Output quality, style, accuracy, and usefulness will vary between generations, photos, themes, devices, and over time, and are not guaranteed to meet your expectations.
- Content may be inaccurate or unrealistic. Generated images may distort your room, invent objects, or depict setups that are impractical or unachievable; generated text may contain errors, omissions, or suggestions that are not developmentally appropriate for your specific context.
- Images are illustrations. The edited photo is a visual concept of an idea — not a promise that the depicted setup can be recreated, and not a representation of any real product or arrangement.
- No professional advice. Nothing in the Service is educational, medical, safety, legal, or other professional advice, and the Service does not replace training, licensing requirements, or professional standards applicable to your work.
- Availability of models. We may change, substitute, or upgrade the underlying AI models, features, and output formats at any time.
5. Subscriptions, Billing & Trials
Sparka requires a paid subscription. There is no free tier.
- Plans. Monthly Plan: US $30 per month. Yearly Plan: US $300 per year, which includes a 7-day free trial for new subscribers. Prices are in U.S. dollars; prices in other regions are set by Apple's pricing matrix and may vary. Applicable taxes may be added by Apple.
- Billing through Apple. All purchases are processed by Apple through your Apple Account. We never see or store your payment card details.
- Auto-renewal. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. The free trial converts to a paid Yearly subscription unless cancelled at least 24 hours before the trial ends.
- Cancellation. You can manage or cancel your subscription anytime in your Apple ID settings (Settings → your name → Subscriptions). Deleting the App does not cancel a subscription.
- Refunds. Purchases are subject to Apple's refund policies; refund requests must be made through Apple. Except where required by law, amounts paid are non-refundable and no refunds or credits are given for partial periods or unused generations.
- Usage cap. Each subscription includes up to 75 generations ("sparks") per month. Unused sparks do not roll over. The cap exists because each generation has a real computational cost; we may adjust the cap, add tiers, or introduce fair-use protections prospectively.
- Price changes. We may change subscription prices for future billing periods. Apple will notify you and, where required, seek your consent before a price change applies to you.
6. Your Photos & Inputs
To use the Service you submit photographs of your classroom or home learning areas and short text themes ("Inputs"). You retain ownership of your Inputs. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, transmit, process, reproduce, and modify your Inputs solely to operate, provide, secure, and improve the Service, including transmitting them to the third-party AI providers that perform the generation.
You represent and warrant that:
- you own or have all necessary rights to the Inputs you submit;
- your Inputs do not include identifiable people — especially children. You must photograph empty areas only. You are solely responsible for complying with any consent, privacy, or confidentiality obligations that apply to your classroom, employer, or the families you serve;
- your Inputs do not violate any law or third-party right and do not contain harmful, unlawful, or offensive material.
We may (but have no obligation to) refuse, filter, or reject any Input, and we may rely on automated safety systems — including our AI providers' safety systems — to do so.
7. Generated Content
Subject to these Terms and your compliance with them, we assign to you all of our right, title, and interest in the images and text generated for you by the Service ("Output"), and you may use your Output for personal and classroom purposes, including sharing it. You acknowledge that: (a) Output is AI-generated and may be similar to output generated for other users — no exclusivity is promised; (b) Output is provided "as is" and Section 4 applies to all Output; and (c) you may not use Output, or the Service, to build, train, or market a product or service that competes with Sparka.
8. Acceptable Use
You agree not to, and not to help anyone else to:
- use the Service unlawfully, or to create content that is harmful, deceptive, or infringing;
- submit photographs of identifiable people, especially children;
- reverse engineer, decompile, scrape, or extract the Service, its prompts, or its underlying systems, or access the Service by any automated means;
- circumvent, disable, or abuse usage caps, paywalls, security, or safety measures, or share, resell, or transfer access to your subscription;
- use the Service to develop competing products, benchmark against us for competitive purposes, or misrepresent AI-generated content as photographs of real setups where that matters (e.g., in advertising).
9. Third-Party Services
The Service depends on third parties, including Apple (distribution and billing), OpenAI (AI image and text generation), RevenueCat (subscription management), and our hosting providers. Their availability is outside our control, and their terms and privacy policies apply to their processing. The Service may be temporarily unavailable, degraded, or slower due to third-party outages, and generations may occasionally fail; where a generation fails due to an error on our side, our sole obligation is to make reasonable efforts to not count the failed generation against your monthly cap or to otherwise remedy it at our discretion.
10. Intellectual Property
The Service — including the App, website, software, design, prompt systems, logos, and the Sparka name and marks — is owned by QuickNora and its licensors and is protected by intellectual property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, for your personal or professional (non-competing) use, in accordance with these Terms and Apple's usage rules. All rights not expressly granted are reserved. Feedback you send us may be used by us without restriction or compensation.
11. Disclaimer of Warranties
To the maximum extent permitted by law, the Service and all Output are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that any Output will be safe, accurate, appropriate, or achievable, or that the Service will meet your requirements. No advice or information obtained from the Service creates any warranty.
12. Limitation of Liability
To the maximum extent permitted by law: (a) in no event will QuickNora, its owner, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages; and (b) our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of one hundred U.S. dollars (US $100) or the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case, our liability is limited to the fullest extent permitted by law. The limitations in this section do not exclude liability that cannot lawfully be excluded, including liability arising from our gross negligence, willful misconduct, or fraud.
13. Indemnification
You agree to defend, indemnify, and hold harmless QuickNora and its owner, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service or any Output, including any activity you set up or carry out; (b) your Inputs, including any claim that an Input included an identifiable person or infringed a right; (c) your violation of these Terms or of any law; or (d) your violation of any third-party right.
14. Dispute Resolution & Binding Arbitration
Please read this section carefully — it affects your legal rights.
14.1 Informal resolution first
Before filing any claim, you agree to contact us at support@getsparka.app with a written description of the dispute and give us 60 days to try to resolve it informally. Most concerns can be resolved this way.
14.2 Binding individual arbitration
Except as provided in Section 14.4, any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be resolved exclusively by final and binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, and may award the same individual relief a court could award to an individual. Arbitration will be conducted in English, by videoconference or by written submissions where the rules allow, or in the county where you reside. AAA fees will be allocated under the Consumer Arbitration Rules; if your claim is for less than US $10,000 and is not frivolous, we will pay the arbitration fees beyond the filing fee you would have paid in court.
14.3 Class action and jury waiver
You and QuickNora each waive the right to a trial by jury and the right to participate in a class action, class arbitration, consolidated action, or representative proceeding. Claims may be brought only in an individual capacity. If this class waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder shall proceed in arbitration.
14.4 Exceptions
Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights. Nothing here waives rights that cannot be waived under applicable law.
14.5 30-day opt-out
You may opt out of this arbitration agreement by emailing support@getsparka.app with the subject line "Arbitration Opt-Out" — including your name and the email or Apple ID associated with your purchase — within 30 days of first accepting these Terms. Opting out of arbitration does not affect any other part of these Terms.
14.6 Governing law and venue
These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. For any claim not subject to arbitration, you and QuickNora consent to the exclusive jurisdiction and venue of the state and federal courts located in California, except that either party may bring a small-claims action in the courts of the county where you reside. If you are a consumer in the European Union or United Kingdom, you retain any mandatory consumer protections and forum rights granted by the laws of your country of residence.
15. Apple-Specific Terms
These Terms are between you and QuickNora only — not Apple. Apple is not responsible for the Service or its content. You acknowledge that: (a) your license to the App is limited to use on Apple-branded devices you own or control, per the App Store Terms of Service; (b) Apple has no obligation to provide maintenance or support for the App; (c) if the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the App itself — to the maximum extent permitted by law, Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability, regulatory, or consumer protection claims; (e) in the event of a third-party claim that the App infringes intellectual property rights, QuickNora — not Apple — is responsible for its investigation, defense, settlement, and discharge; (f) you represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and are not on any U.S. government prohibited or restricted parties list; (g) you must comply with applicable third-party agreements (e.g., your wireless data agreement) when using the App; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16. Termination
You may stop using the Service at any time (remember to cancel your subscription through Apple). We may suspend or terminate your access to the Service — including for violation of these Terms, abuse of usage caps, unlawful use, or risk to other users or to the Service — with or without notice. Sections that by their nature should survive termination (including Sections 3, 4, 6–8, and 10–15) survive.
17. Changes to the Service and These Terms
We may modify the Service and these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, in the App or on this page) and update the effective date above. Changes apply prospectively; your continued use of the Service after changes take effect constitutes acceptance. Changes to the arbitration provision do not apply to disputes that arose before the change.
18. General
These Terms, together with our Privacy Policy, are the entire agreement between you and QuickNora regarding the Service. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, employment, or agency relationship. Notices to you may be provided in the App or via the contact information associated with your purchase.
19. Contact
Sparka is a product of QuickNora Labs LLC.
Mailing address: 3400 Cottage Way, Ste G2, Sacramento, CA 95825.
Questions, notices, and legal requests: support@getsparka.app.