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Terms of Service

Last updated: December 10, 2024

1. Agreement to Terms

By accessing or using Sparkaly ("the Service"), operated by Avanzado Technologies LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Sparkaly is an AI-powered adaptive learning platform that provides personalized educational assistance, tutoring, and learning resources. The Service includes AI chat functionality, learning materials, quizzes, and progress tracking.

3. User Accounts

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Age Requirements

The Service is designed for users of all ages with appropriate supervision:

  • Users under 13 require verified parental consent (COPPA compliance)
  • Users 13-17 may use the Service with parental awareness
  • Educational institutions may provide access through institutional agreements

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to any systems
  • Upload malicious content or harmful materials
  • Harass, abuse, or harm other users
  • Use the Service to cheat on academic assessments
  • Share inappropriate content or engage in harmful behavior
  • Attempt to circumvent safety measures or content moderation

6. AI-Generated Content

The Service uses artificial intelligence to generate educational content. You acknowledge that:

  • AI responses may not always be accurate or complete
  • AI content is for educational assistance, not professional advice
  • We continuously work to improve accuracy and safety
  • Human oversight is recommended for critical decisions

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Avanzado Technologies LLC and are protected by copyright, trademark, and other intellectual property laws. Your uploaded content remains yours, but you grant us a license to use it to provide the Service.

8. Payment and Subscriptions

Certain features may require payment. For paid services:

  • Fees are billed in advance on a subscription basis
  • Subscriptions auto-renew unless cancelled
  • Refunds are provided per our refund policy
  • We may change pricing with 30 days notice

9. Limitation of Liability

To the maximum extent permitted by law, Avanzado Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service. Our liability is limited to the amount you paid us in the preceding 12 months.

10. Termination

We may terminate or suspend your account at any time for violations of these Terms. Upon termination, your right to use the Service ceases immediately. You may request data export before account deletion per our Privacy Policy.

11. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of material changes via email or in-app notification. Continued use after changes constitutes acceptance of the new terms.

12. Governing Law

These Terms shall be governed by the laws of the State of Florida, United States. Any disputes shall be resolved in the courts of Palm Beach County, Florida.

13. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms:

  • Both parties agree to first attempt to resolve the dispute through good faith negotiation
  • If negotiation fails, disputes may be submitted to binding arbitration in Palm Beach County, Florida
  • Arbitration shall be conducted in accordance with the American Arbitration Association rules
  • Each party shall bear its own costs and attorneys' fees, except as awarded by the arbitrator

14. Indemnification

You agree to indemnify and hold harmless Avanzado Technologies LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, violation of these Terms, or violation of any rights of another.

15. Company Information

Avanzado Technologies LLC
515 N Flagler Dr
West Palm Beach, FL 33401
United States

Email: legal@sparkaly.com

Phone: 1-844-466-0284

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Contact Us

If you have questions about these Terms, please contact us at legal@sparkaly.com or call 1-844-466-0284.

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