Terms of Service

Last Updated: September 24, 2024

These Terms of Service ("Terms") govern your access to and use of SparkShift's services, including our website, applications, and any related services (collectively, the "Service") provided by Mánahöll ehf., a company registered in Iceland with registration number 510523-1050, located in Fannborg, Kópavogur, Iceland ("SparkShift", "we", "us", or "our").

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using the Service.

2. Description of Service

SparkShift is an AI-powered task management and productivity platform designed for creative professionals. We provide tools for capturing ideas, organizing tasks, managing projects, and enhancing productivity through artificial intelligence integration.

3. Account Registration

3.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to secure your account.

4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Upload, transmit, or distribute harmful, illegal, or inappropriate content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems to access our Service without permission
• Interfere with or disrupt our Service or servers
• Impersonate any person or entity
• Collect personal information about other users without consent

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of all content you create, upload, or share through our Service ("Your Content"). By using our Service, you grant us a non-exclusive, royalty-free license to use, modify, and display Your Content solely for the purpose of providing and improving our Service.

5.2 Our Intellectual Property

The Service, including its design, functionality, and all related materials, is owned by SparkShift and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our Service without explicit written permission.

5.3 AI-Generated Content

Content generated by our AI features is provided "as is" and we make no warranties about its accuracy, completeness, or suitability for any particular purpose.

6. Subscription and Payment Terms

6.1 Subscription Plans

We offer various subscription plans with different features and limitations. Details of current plans and pricing are available on our website.

6.2 Payment

• All fees are charged in advance and are non-refundable except as required by applicable law
• Subscription fees will be charged automatically at the beginning of each billing period
• You are responsible for providing accurate payment information
• We reserve the right to change our pricing with 30 days' notice

6.3 Cancellation

You may cancel your subscription at any time. Your subscription will remain active until the end of your current billing period.

7. Privacy and Data Protection

We are committed to protecting your privacy in compliance with the EU General Data Protection Regulation (GDPR) and Icelandic data protection laws. Our Privacy Policy explains how we collect, use, and protect your personal information.

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide reliable service but cannot guarantee uninterrupted access. We may temporarily suspend or restrict access for maintenance, security, or other operational reasons.

8.2 Service Modifications

We reserve the right to modify, update, or discontinue any part of our Service with reasonable notice to users.

9. Termination

9.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings.

9.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in illegal activities
• Abuse or misuse our Service
• Fail to pay applicable fees

9.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will provide you with reasonable opportunity to export your data, subject to our data retention policies.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

10.1 Service "As Is"

Our Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

10.2 Limitation of Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or relating to your use of our Service.

10.3 Maximum Liability

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless SparkShift, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Service or violation of these Terms.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of Iceland, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Iceland.

12.3 EU Consumer Rights

If you are a consumer residing in the European Union, nothing in these Terms affects your statutory rights under applicable consumer protection laws.

13. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by:

• Posting a notice on our website
• Sending an email to your registered email address
• Providing an in-app notification

Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

14. Contact Information

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

Mánahöll ehf. Fannborg Kópavogur, Iceland Email: support@sparkshift.io

For legal inquiries: Email: legal@sparkshift.io

15. Miscellaneous

15.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.2 Entire Agreement

These Terms constitute the entire agreement between you and SparkShift regarding the Service and supersede all prior agreements.

15.3 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

15.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.