Terms of Service

Welcome to Sparkles (https://www.sparkles-app.com/). These Terms of Service ("TOS") constitute a legally binding agreement between you ("You," "Your") and Tangent Works LLC, a Wyoming (USA) limited liability company, acting as the editor and operator of the Sparkles product ("Company," "we," "us," "our"), regarding your use of the Sparkles mobile and web application ("App") and any related products and services (collectively, the "Services"). By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please discontinue your use of Sparkles immediately.

Supplemental terms and conditions that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms at any time, for any reason, at our sole discretion. We will notify you of any changes by updating the "Last updated" date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of Sparkles implies acceptance of the latest version of the TOS.

1. Nature of the Services

Sparkles provides access to an artificial intelligence capable of generating emotional and intimate interactions. The AI companion is an artificial intelligence, and all interactions, including conversations, are entirely fictional and should be treated as such. The Services do not constitute a real human relationship or offer medical, psychological, legal, or financial advice.

2. User Eligibility

The Services are strictly intended for users who are 18 years of age or older or the age of legal majority in their jurisdiction, whichever is higher. By using the Services, you represent and warrant that you meet this requirement. We may terminate your access to the Services without warning if we believe you are a minor.

3. User Accounts

You may be required to register for an account to access certain features. You are responsible for maintaining the confidentiality of your password and for all activities under your account. Sparkles reserves the right to suspend or terminate accounts for any violation of these TOS or misuse of the platform.

4. User-Generated Content & Contribution License

The Services may allow you to create, submit, post, and publish content, including text and images ("Contributions"). You are solely responsible for your Contributions and the consequences of posting or publishing them. By making any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to:

• Use, host, copy, reproduce, store, disclose, sell, resell, publish, broadcast, reformat, translate, excerpt, distribute, and exploit your Contributions for any purpose, commercial, advertising, or otherwise.
• Prepare derivative works of, or incorporate into other works, your Contributions.
• Use your content to train, fine-tune, and improve our AI models and Services.
• Sublicense these rights to third parties.

This license includes the right to use your image, name, and voice if provided. The license can be terminated by deleting your Contributions or your account. However, to the extent that we have used your Contributions in commercial or sponsored content, the license will continue.

You represent and warrant that you are the rightful owner of the content or have all necessary licenses, rights, and permissions to post it. You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses we may suffer due to your breach of these Terms. We have the right, but not the obligation, to monitor, edit, or remove any Contributions at any time, for any reason, without notice.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which they are made available. As a user, you agree not to engage in any of the following prohibited activities:

• Use the Services for any illegal or unauthorized purpose, or in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit any material that is harassing, hateful, harmful, defamatory, bullying, abusive, discriminatory, or that promotes violence against a specific person or group.
• Upload, post, or transmit any content involving minors or deepfake content. Your Contributions must not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Engage in any automated use of the system, such as using scripts, bots, or data mining tools.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Impersonate another user or person.
• Harass, annoy, intimidate, or threaten any of our employees or agents.

Any use of the Services in violation of the foregoing violates these Terms and may result in the immediate termination or suspension of your rights to use the Services.

6. Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"). The Content and our trademarks are protected by copyright and trademark laws. The Content is provided "AS IS" for your personal, non-commercial use only. You agree not to copy, redistribute, modify, or reverse-engineer any part of the service without express written consent.

7. Purchases and Subscriptions

Sparkles offers in-app purchases, including one-time payments and subscription plans with recurring billing. We do not offer refunds, except in cases of technical malfunctions or exceptional circumstances, handled on a case-by-case basis via support. We may offer free trials, the duration of which will be clearly specified.

8. Disclaimers

The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. You agree that your use of the Services will be at your sole risk. We disclaim all warranties, express or implied, in connection with the Services and your use thereof. We assume no liability for any (1) errors or inaccuracies of content, (2) personal injury or property damage, (3) unauthorized access to our servers, (4) interruption of transmission, (5) bugs, viruses, or trojan horses, or (6) errors or omissions in any content.

9. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Services. Our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Contributions, your use of the Services, or your breach of these Terms.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of France. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the company's legal residence. If you are a consumer residing in the European Union, you also have the protection provided by the mandatory provisions of the law of your country of residence.

12. Contact Us

To resolve a complaint or for any questions related to these Terms, you may contact us via:

• Email:admin@sparkles-app.com

Sparkles is not a real human relationship. Please use responsibly.