IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SPARKY APPLICATION.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sparky regarding your use of Sparky's application, which includes computer software, and may include associated media, printed materials, and "online" or electronic documentation ("App"). By installing, copying, or otherwise using the App, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the App.
Sparky grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App strictly in accordance with the terms of this Agreement. The license is for personal, non-commercial use only, and is solely for using the App on Apple's operating systems ("iOS" and "macOS") in accordance with the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing.
You agree NOT to:
You acknowledge and agree that you are subject to and agree to comply with the third-party terms of agreement applicable to Sparky. These third-party terms of agreement include but are not limited to Apple's Terms of Service for the App Store.
This EULA is effective until terminated by you or Sparky. Your rights under this EULA will terminate automatically without notice from Sparky if you fail to comply with any term of this EULA. Upon termination of this EULA, you shall cease all use of the App, and destroy all copies, full or partial, of the App.
The App may enable access to Sparky's and third-party services and websites (collectively and individually, "Services"). Use of the Services may require internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Sparky shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPARKY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SPARKY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SPARKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This EULA will be governed by and construed in accordance with the laws of the jurisdiction in which Sparky operates, excluding its conflict of law principles. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this EULA, please contact us at: karoljaworsky@gmail.com