Terms of Service

Last Updated: 01/06/2025

1. Introduction

Welcome to Spark (“we,” “our,” “us”). By accessing or using our mobile application (“App”), you agree to comply with and be bound by these Terms of Service (“Terms”). Please read them carefully.

2. Acceptance of Terms

By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not use the App.

3. Use of the App

a. Eligibility:

  • You must be at least 13 years old to use the App.
  • By using the App, you represent and warrant that you meet all eligibility requirements.

b. License:

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

c. Restrictions:

  • You agree not to:
    • Reverse engineer, decompile, or disassemble the App.
    • Modify, adapt, or create derivative works based on the App.
    • Use the App for any unlawful purposes or in violation of these Terms.

4. User Data and Privacy

a. Data Collection:

The App collects workout-related data as outlined in our Privacy Policy.

b. Data Usage:

  • Your data is used solely to generate personalized stories within the App.
  • We do not store or share your data externally beyond the anonymized prompts sent to ChatGPT.
  • We use tracking pixels and analytics tools (e.g., Google Pixel, Facebook Pixel, Amplitude) to assess the effectiveness of our marketing campaigns and improve user experience.

5. Intellectual Property

All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of Spark and are protected by intellectual property laws.

6. Termination

We reserve the right to terminate or suspend your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.

7. Disclaimer of Warranties

The App is provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not guarantee that the App will be uninterrupted, error-free, or free from viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by law, Spark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the App.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party.

9. Indemnification

You agree to defend, indemnify, and hold harmless Spark and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the App.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of San Francisco, CA, without regard to its conflict of law principles.

11. Changes to Terms

We may modify these Terms at any time. All changes will be effective immediately upon posting on this page. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Email: contact@workoutstories.com
Address: 561 Arguello Blvd. San Francisco, CA 94118

Additional Provisions for Compliance with Privacy Laws

1. General Compliance

Spark adheres to the following privacy laws to ensure the protection of your personal information:

  • California Consumer Privacy Act (CCPA)
  • General Data Protection Regulation (GDPR)
  • California Online Privacy Protection Act (CalOPPA)
  • Personal Information Protection and Electronic Documents Act (PIPEDA)
  • Australia Privacy Act

2. Detailed Compliance Measures

a. California Consumer Privacy Act (CCPA)

  • Right to Know: You can request information about the personal data we collect, use, disclose, and sell.
  • Right to Delete: You can request deletion of your personal data held by us.
  • Right to Opt-Out: You can opt-out of the sale of your personal data. (Note: Since we do not sell data, this is inherently complied with.)
  • Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

b. General Data Protection Regulation (GDPR)

  • Lawful Basis for Processing: We process your workout data solely for the purpose of generating personalized stories.
  • Data Minimization: We collect only the data necessary to perform our services.
  • Accuracy: We take reasonable steps to ensure the accuracy of the data we process.
  • Storage Limitation: We retain your data only as long as necessary for the purposes outlined in this policy.
  • Integrity and Confidentiality: We implement appropriate technical and organizational measures to secure your data.
  • Data Subject Rights: You have the rights to access, rectify, erase, restrict processing, object to processing, and data portability regarding your personal data.

c. California Online Privacy Protection Act (CalOPPA)

  • We provide this Privacy Policy to inform users about our data collection and usage practices.
  • We comply with CalOPPA by clearly stating our privacy practices and allowing users to understand how their data is handled.

d. Personal Information Protection and Electronic Documents Act (PIPEDA)

  • Consent: We obtain your consent for the collection, use, and disclosure of your workout data.
  • Access: You have the right to access your personal information and request corrections.
  • Safeguards: We protect your personal information with appropriate security measures.
  • Openness: We maintain transparency about our information practices through this Privacy Policy.

e. Australia Privacy Act

  • Australian Privacy Principles (APPs): We comply with APPs by managing personal information responsibly.
  • Access and Correction: You can request access to your personal information and request corrections if necessary.
  • Data Security: We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorized access, modification, or disclosure.
  • Privacy Notice: This Privacy Policy serves as our privacy notice, detailing how we handle your personal information.

3. Exercising Your Rights

To exercise any of your privacy rights under the aforementioned laws, please contact us at:

Email: contact@workoutstories.com