1. Acceptance of Terms

By creating an account, accessing, or using Spark, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our general company Terms of Use located at https://truefootage.tech/terms-of-use, which are incorporated herein by reference. In the event of any conflict between these Spark Terms of Service and the general company Terms of Use, these Spark Terms of Service shall prevail for matters specifically pertaining to Spark.

2. Account Registration and Access

2.1. Individual Accounts: To access and use Spark, each user must register for and maintain their own individual account. Sharing account credentials or allowing multiple individuals to use a single account is strictly prohibited.

2.2. Paid Accounts: All accounts for Spark must be paid for. There are no exceptions to this requirement. Your access to Spark is contingent upon timely payment of all applicable fees.

2.3. Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.4. Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

2.5. Excessive Usage: While active subscribers may use the Service as needed, True Footage, Inc reserves the right to charge additional fees or suspend/terminate service for usage deemed excessive or beyond typical individual use, at its sole discretion.

3. Fees and Payments

3.1. Subscription Fees: Access to Spark requires payment of subscription fees, which will be specified at the time of your subscription. All fees are non-refundable.

3.2. No Refunds: Spark is a subscription service with no contracts. You can cancel your subscription at any time. All payments made for Spark subscriptions and services are final and non-refundable, regardless of usage or cancellation. This policy applies to all circumstances, including but not limited to, account cancellation, service termination, or changes in your business needs.

3.3. Billing: You authorize us to charge your chosen payment method for all applicable fees on a recurring basis, as per your subscription plan.

3.4. Changes to Fees: We reserve the right to change our fees for Spark at any time upon reasonable notice. Such changes will apply to new subscriptions and renewals.

3.5. Per-Use Subscriptions: For certain services or features within Spark, you may be offered a per-use subscription model, where charges are based on your actual consumption or usage of specific functionalities (e.g., number of reports generated, data processed, or specific actions taken). For clarity regarding report generation, you will be permitted to import data to the same report up to four (4) times without incurring an additional charge. On the fifth time loading data from Spark into your report (and every subsequent time), your account will be charged an additional use. You agree that we may track your usage for billing purposes and that all charges incurred under a per-use model are non-refundable.

4. Use of Spark

4.1. Permitted Use: You may use Spark solely for its intended purpose as a tool for appraisers, in accordance with these Terms and all applicable laws and regulations.

4.2. Prohibited Conduct: You agree not to:

• Use Spark for any unlawful purpose or in any way that violates these Terms.
• Interfere with or disrupt the integrity or performance of Spark or its related data.
• Attempt to gain unauthorized access to Spark or its related systems or networks.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Spark.
• Use Spark in any manner that could damage, disable, overburden, or impair our servers or networks.

4.3 Data Usage: Spark may provide access to various data sources. You agree to use such data solely in connection with your use of Spark and in compliance with all applicable laws and regulations. You acknowledge that True Footage Inc does not guarantee the accuracy, completeness, or timeliness of any data provided from data sources.

4.4. User-Transferred Data and Use: While Spark is designed not to store user data directly, you acknowledge that you may choose to transfer data and choices generated or made within Spark to other True Footage products or services. When you transfer such data, it may be stored by those other True Footage products or services. This transferred data may then be used by us to provide you with service, enhance user experience, provide recommendations to you and other users, generate statistical insights, or for other analytical purposes. We will handle all such data in accordance with our general company Privacy Policy and applicable data protection laws. We reserve the right to update Spark's data storage practices in the future, and any such changes will be reflected in these Terms.

4.5. User Responsibility: Spark is designed to assist users by loading property and market characteristics into their form-filling software based on appraiser choices and settings. Spark does not generate appraisal or valuation reports, nor does it provide conclusions regarding data accuracy, adjustments, value, or property quality/condition. The appraiser is solely responsible for forming opinions and conclusions based on the results provided by Spark and any other data the appraiser chooses to utilize. In the event of an error originating from the user's form-filling software, the user will be directed to contact the provider of that software for support.

5. Intellectual Property

All intellectual property rights in Spark, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by True Footage, Inc. or its licensors. Your access to Spark grants you a limited, non-exclusive, non-transferable license to use Spark solely for your internal business purposes in accordance with these Terms.

6. Disclaimer of Warranties

SPARK IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT SPARK WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE FOOTAGE, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, SPARK. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR SPARK SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SPARK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

8. Indemnification

You agree to indemnify, defend, and hold harmless True Footage, Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of Spark, your violation of these Terms, or your violation of any rights of another.

9. Changes to These Terms

We reserve the right to update, modify, or replace these Terms from time to time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website or within the Spark platform. Your continued use of Spark after the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically for any updates.

10. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this service, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The place of arbitration will be Austin, TX. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11. Miscellaneous

11.1. Entire Agreement: These Terms, together with the general company Terms of Use, constitute the entire agreement between you and True Footage, Inc. regarding Spark.

11.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms, please contact us at: spark.support@truefootage.tech.