Terms of Service

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at support@sparkinventory.com if you suspect unauthorized use.

The Service is organized into workspaces. The organization that owns a workspace ("Customer") is responsible for managing access, roles, and data within that workspace. If you use the Service on behalf of a Customer, you represent that you are authorized to do so on their behalf.

You agree not to:

• Use the Service for any unlawful purpose;
• Attempt to gain unauthorized access to any part of the Service;
• Interfere with or disrupt the Service or its infrastructure;
• Reverse engineer, decompile, or disassemble the Service except as permitted by law;
• Upload malicious code, viruses, or harmful content;
• Use the Service to infringe any third party's rights, including intellectual property and privacy rights;
• Resell, sublicense, or commercially exploit the Service without our written permission.

You retain all rights to data submitted, uploaded, imported, transmitted, synchronized, or otherwise made available to the Service by or on behalf of Customer ("Customer Data"). You grant us a limited, worldwide, non-exclusive license to access, host, copy, transmit, display, store, process, analyze, and transform Customer Data solely to provide the Service to Customer, including to provide demand forecasts, analytics, inventory planning, replenishment and purchasing recommendations, recommended order quantities, draft purchase order generation, alerts, reports, and other features of the Service, and as otherwise permitted by these Terms and our Privacy Policy.

You are responsible for the accuracy, legality, and appropriateness of Customer Data and for obtaining all necessary rights and consents to provide or make Customer Data available to the Service.

Some features of the Service may require a paid subscription. Fees, billing terms, and renewal terms are as set out in your order or subscription agreement. Unless otherwise stated, fees are non-refundable and exclusive of taxes.

The Service, including all software, content, designs, and trademarks, is owned by Spark Inventory, INC or its licensors and is protected by applicable intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

The Service may integrate with third-party services. Your use of those services is governed by their terms, not ours. We are not responsible for third-party services.

Spark Inventory offers two optional SMS text message programs to authenticated account holders. Participation in either program is entirely voluntary and is not required to use Spark Inventory. Consent to receive SMS is not a condition of any purchase.

Spark Inventory Notifications. A one-way program that sends transactional operational notifications about activity in your Spark Inventory account, including inventory alerts, order updates, and other operational events that need attention. Message frequency varies with your account activity and the notification types you enable, typically up to a few messages per day.

Texting with Spark (also called Spark by Text). A two-way program for the owners and admins of a Spark Inventory account. You text your business's dedicated Spark number with questions and requests about your own account, and Spark replies. Spark also sends operational alerts, a morning summary, and a weekly summary. Replies are generated by artificial intelligence from your account data and may be inaccurate, so review them before relying on them. Spark changes your account data from a text only after you confirm that specific change by replying YES with the code in the message. Message frequency: up to 10 alerts and summaries per day by default (you can change this limit in Spark), plus replies to the texts you send.

Not promotional. Both programs are operational. We do not send marketing or promotional content over SMS.

Eligibility. The SMS programs are available only to authenticated Spark Inventory account holders located in the United States, using US mobile phone numbers. You may not enroll a phone number that is not your own without the express prior consent of the number's owner.

Cost. Message and data rates may apply, as charged by your mobile carrier. Spark Inventory does not charge you for SMS.

Consent. By enabling SMS notifications, or by turning on Texting with Spark, in your Spark Inventory account settings, you affirmatively consent to receive the SMS described above for that program from Spark Inventory at the mobile number you provide.

Opt-out. You may revoke consent and stop receiving SMS at any time by:

• Replying STOP to any Spark Inventory SMS, or
• Visiting Profile → SMS inside your Spark Inventory account and turning off SMS notifications or Texting with Spark.

We record opt-outs immediately. After a STOP request is processed, you will receive one message confirming your opt-out and no further messages.

Support. Reply HELP to any Spark Inventory SMS for assistance, or email support@sparkinventory.com.

Carrier liability. Carriers are not liable for any delayed or undelivered messages.

Privacy. No mobile information will be sold or shared with third parties for promotional or marketing purposes. Text messaging opt-in data and consent are not shared with any third party. We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes. For details on how we collect, use, and protect SMS-related data, see our Privacy Policy.

Program details. Program descriptions, sample messages, and the verbatim consent statements are available at app.sparkinventory.com/sms-program and sparkinventory.com/sms-program.

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if continued provision becomes commercially unreasonable. On termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including ownership, disclaimers, indemnity, and limitations of liability) will survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARK INVENTORY, INC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.

You agree to indemnify and hold harmless Spark Inventory, INC and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your Customer Data, or your misuse of the Service.

These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. The courts located in the State of New York will have exclusive jurisdiction over any disputes, except that either party may seek injunctive relief in any competent court.

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

If you obtained the App from the Apple App Store, the following also applies: these Terms are between you and Spark Inventory, INC only, not Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple is a third-party beneficiary of these Terms and may enforce them against you.