Terms of Use

Last Updated: 11/02/2020
Welcome to Spark! We’re excited to have you and look forward to you using our services, including our mobile applications (“Apps”), websites, software, and other products and services (collectively with the Site, the “Service”, or “Product”). Before using the Service please read these Terms of Use (“Terms” or “Terms and Conditions”) carefully. The Service is operated by Grillo Technologies LLC (“Grillo Technologies”, “us”, “we”, or “our”).

By using the Service, you acknowledge, accept, and agree with these Terms of Use in their entirety. 

Privacy

You agree to Spark Privacy Policy, which explains how we collect, use, and protect the personal information you provide to us.

Personal Information we do not collect

User Content Generally. Certain features of the Service may permit users to upload content to the Service, including text, graphics, images, websites, data, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

As explained in our Privacy Policy, your data is stored locally on your device or in your personal iCloud account. We do not claim any ownership rights in any User Content and do not have access to any of this information on our servers.

Subscriptions

Our service is free to try, however a subscription is required for continued use. Subscriptions are managed by the App Store and are non-refundable. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current subscription period. You can manage or turn off auto-renew in your Apple ID Account Settings any time after purchase. 

You may elect to cancel a Paid Service at any time. Any cancellation of a Paid Service will be effective at the end of the current billing period.

Refunds

Payment obligations are non-cancelable, and fees paid are non-refundable. Any requests for refund are handled by Apple directly. 

Fees and Fee Changes

Grillo Technologies may modify the Subscription fees for the Subscriptions provided. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. 

Your continued use of of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Feature Requests; Feedback

We are open to feedback and suggestions on how we can improve our Service. Please contact us at features@grillotechnologies.com should you have any requests. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then (a) you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone, and (b) you hereby grant us and our successors and assigns an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

We cannot guarantee that we’ll be able to accommodate Feedback and do not guarantee that you’ll receive a response to your request.

Updates

We may add, modify, or remove features and functionality related to the Service at any time and for any reason and we reserve the right to discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Periodic updates may be made to our Service, so you may need to install a new or updated version of our software before you can receive the benefit of those changes. 

We may change these Terms from time to time on a going-forward basis and in these events will use reasonable efforts provide notice that we deem to be reasonable under the circumstances. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your account and for restricting access to the Service from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your Account or any other security breach.

Ownership

We reserve all rights not expressly granted to you in these Terms.  The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Grillo Technologies are protected by intellectual property and other laws. We (or our licensors) own all rights, title, interest, copyright and other worldwide Intellectual Property Rights in the Materials and Service and all copies of the Materials and Service. These terms do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

Your License

Limited License. Subject to your complete and ongoing compliance with all the Terms, Grillo Technologies grants you: (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install a reasonable number of copies of the App which are downloaded from a legitimate marketplace, and to use such App(s) so installed or that may have been pre-installed on your device, solely in object code format and solely for your personal, non-commercial use for lawful purposes, on mobile devices that you own or control, and (ii) permission to access and use the Service for your personal use.

License Restrictions. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the App or any part of the Service; (b) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App or the Service, or make or attempt to make any modification to or derivative work of the App or the Service; or (c) interfere with or circumvent any feature of the App or the Service, including without limitation any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Grillo Technologies (unless provided with separate terms).  If we make updates or modifications to the App available, you may be required to install the updated or modified App to continue using the Service.   Any such software updates may be subject to additional terms made known to you at that time.  If you are prohibited under applicable law from using the App or the Service, you may not use them.

Carrier Service and Fees.  Unless otherwise agreed upon in writing between you and Grillo Technologies, we will not provide you with the equipment to use the App. You are responsible for complying with any third party terms of service and paying all fees charged by third parties to access and use the App (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Service (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.

Terms & Termination

These Terms are effective beginning when you accept the Terms or download, install, access, or use any portion of the Service, and ending when terminated as set forth in this Section. You’re free to stop using our Service at any time, unless otherwise specified in writing. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Indemnification

You agree to defend, indemnify and hold harmless Grillo Technologies and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GRILLO TECHNOLOGIES, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, ANY CONTENT OBTAINED FROM THE SERVICE, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, AND UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND YOUR USE OF THEM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GRILLO TECHNOLOGIES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, GRILLO TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL (1) meet your requirements; (2) BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (3) BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GRILLO TECHNOLOGIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GRILLO TECHNOLOGIES ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT. 

The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in OUR privacy policy or as otherwise required by applicable law, GRILLO TECHNOLOGIES is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.

NOTWITHSTANDING THE FORGOING GRILLO TECHNOLOGIES DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT GRILLO TECHNOLOGIES IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

Changes and Updates to these Terms

Please revisit this page periodically to stay aware of any changes to these Terms, which we may update from time to time. If we modify these Terms, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Terms have become effective indicates that you have read, understood and agreed to the current version of these Terms.

Governing Law

These terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. You and Grillo Technologies submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Knox County, Tennessee for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Tennessee, and we make no representation that Material included in the Service are appropriate or available for use in other locations.

Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Notice Regarding Apple

This paragraph only applies to the extent you are using our App on an Apple device. You acknowledge that these Terms are between you and Grillo Technologies only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and the content thereof.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.  In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.  Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe third party’s intellectual property rights.  You agree to comply with any applicable third party terms when using the Service.  Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.  You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact

If you have any questions about our Service or these Terms, please contact us at legal@grillotechnologies.com.