Terms of Service

Introduction

Welcome to SparkIcon AI (the "Service"), an AI-powered icon generation platform operated by SparkIcon AI ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at sparkiconai.com and our AI icon generation services.

By accessing or using SparkIcon AI, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Service Description

SparkIcon AI is an artificial intelligence-powered platform that allows users to:

• Generate custom icons using AI technology
• Create high-resolution (1024x1024) icons in various styles
• Export icons in multiple formats (PNG, SVG, ICO, WebP)
• Customize icon properties including colors, backgrounds, and sizes
• Generate icon variations and manage version history
• Access prompt optimization features

User Accounts

Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 13 years old to use our Service
• One person or legal entity may maintain only one account

Account Responsibilities

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

Acceptable Use

Permitted Uses

You may use SparkIcon AI to:

• Generate icons for personal, commercial, or educational purposes
• Create icons for applications, websites, and digital products
• Generate icons for branding and marketing materials
• Export and use generated icons according to our licensing terms

Prohibited Uses

You may not use SparkIcon AI to:

• Generate content that is illegal, harmful, or violates third-party rights
• Create icons that infringe on copyrights, trademarks, or other intellectual property
• Generate offensive, discriminatory, or inappropriate content
• Attempt to reverse engineer or compromise our AI models
• Use automated tools to abuse our service or circumvent usage limits
• Resell or redistribute our service without authorization

Intellectual Property

Generated Icons

• You retain ownership rights to icons you generate using our Service
• We grant you a non-exclusive, worldwide license to use your generated icons
• You may use generated icons for commercial purposes without additional licensing fees
• You are responsible for ensuring your use of generated icons does not infringe third-party rights

Service Content

• SparkIcon AI and its original content, features, and functionality are owned by us
• Our AI models, algorithms, and technology are protected by intellectual property laws
• You may not copy, modify, or create derivative works of our Service

Payment and Credits

Credit System

• Our Service operates on a credit-based system
• Credits are consumed when generating icons
• Free users receive limited credits; paid plans offer additional credits
• Credits do not expire while your account remains active

Payment Terms

• Payments are processed through secure third-party payment processors (Stripe)
• All fees are non-refundable unless required by law
• We reserve the right to change pricing with 30 days' notice
• Taxes are your responsibility where applicable

Refunds

• Refunds are generally not provided for consumed credits
• We may provide refunds at our discretion for technical issues or service failures
• Refund requests must be submitted within 30 days of purchase
• Customer Support Response: We commit to responding to all customer inquiries, including refund requests, within 3 business days
• If we fail to respond within this timeframe, automatic refund processing may be initiated to ensure customer satisfaction

Service Availability

Uptime

• We strive to maintain high service availability but do not guarantee 100% uptime
• Scheduled maintenance will be announced in advance when possible
• We are not liable for service interruptions beyond our reasonable control

Modifications

• We reserve the right to modify, suspend, or discontinue the Service at any time
• We will provide reasonable notice for significant changes to the Service
• Continued use of the Service after changes constitutes acceptance of new terms

AI Platform Disclosure

Third-Party AI Service Disclaimer

SparkIcon AI is an independent platform that provides a custom interface for accessing third-party artificial intelligence models. We are not affiliated with, endorsed by, or sponsored by any AI model providers including but not limited to:

• Replicate (for AI model hosting and processing)
• OpenAI and other AI service providers
• Any AI model creators or companies

Platform Nature

• Custom Interface: Our platform offers a user-friendly interface built on top of various AI models to enhance usability and provide additional features
• Independent Service: We are an independent service provider and maintain no official partnership or affiliation with the underlying AI model creators
• Model Access: We provide access to AI models through our custom interface, but we do not own or control these models
• Feature Limitations: Our service capabilities are dependent on the underlying AI models we integrate with

Model Attribution

While we may reference specific AI models or providers in our marketing materials or documentation, such references are purely for transparency and technical accuracy. Any mention of AI model names is for informational purposes only and does not imply endorsement or affiliation.

Privacy and Data

• Your privacy is important to us; please review our Privacy Policy
• We collect and process data as described in our Privacy Policy
• You consent to data processing necessary for providing the Service
• We implement appropriate security measures to protect your data

Disclaimers

Service Warranty

• The Service is provided "as is" without warranties of any kind
• We do not guarantee the accuracy, completeness, or quality of generated icons
• We disclaim all warranties, express or implied, including merchantability and fitness for purpose

AI-Generated Content

• Icons are generated using artificial intelligence and may not always meet expectations
• We do not guarantee that generated icons will be unique or free from similarities to existing works
• Users are responsible for verifying the appropriateness of generated content

Limitation of Liability

AI Platform Liability

• As an independent platform providing access to third-party AI models, our liability is limited to our platform services only
• We are not responsible for the performance, accuracy, or availability of underlying AI models
• AI-generated content quality and uniqueness cannot be guaranteed due to the nature of artificial intelligence

General Liability Limitations

• Our liability is limited to the maximum extent permitted by law
• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• Some jurisdictions do not allow liability limitations, so these may not apply to you
• Third-party AI service interruptions or failures are beyond our control and not subject to our liability

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of third-party rights
• Content you generate or submit through the Service

Termination

By You

• You may terminate your account at any time through your account settings
• Termination does not entitle you to refunds for unused credits
• You may continue to use icons generated before termination

By Us

We may terminate or suspend your account if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Abuse the Service or harm other users
• Fail to pay required fees

Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes will be resolved in the courts of Delaware or applicable federal courts with jurisdiction.

Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by:

• Posting updated Terms on our website
• Sending email notifications to registered users
• Displaying notices in your account dashboard

Continued use of the Service after changes constitutes acceptance of new Terms.

Customer Support

Support Response Commitment

• Email Support: philex@sparkiconai.com
• Response Time: We commit to responding to all customer inquiries within 3 business days
• Support Hours: Monday to Friday, business hours (responses may be provided outside these hours)
• Website: sparkiconai.com

Subscription Management

• Subscription Cancellation: Users can cancel their subscriptions directly through their account dashboard
• Cancel Process: Navigate to Account Settings → Subscription → Cancel Subscription
• Alternative: Contact our support team for assistance with subscription cancellation
• Effective Date: Cancellations take effect at the end of the current billing period

Contact Information

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

• Email: philex@sparkiconai.com
• Website: sparkiconai.com

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SparkIcon AI regarding the Service.

Last updated: December 2024

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By using SparkIcon AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.