1. About Sparkle
Thank you for using Sparkle!

Sparkle is a content marketing service offered through the URL http://www.getsparkle.io (the “Site”) that allows you to aggregate content from social media and display it in beautiful ways (the “Service”). Sparkle is owned and operated by NSO Group AB, a swedish corporation. These Terms Of Service define the terms and conditions under which you’re allowed to use Sparkle and how we’ll treat your account while you’re a member. We reserve the right to amend these terms of service at any time and your use of the service following any amendments will represent your agreement to be bound by these terms and conditions as amended.

2. User registration

In order to use Sparkle you create an account on http://www.getsparkle.io. To create an account you must:

  • Be at least eighteen (18) years old and able to enter into contracts;
  • Agree to the terms;
  • Provide true, complete, and up to date contact information;

By using Sparkle, you represent and warrant that you meet all the requirements listed above, and that you won’t use Sparkle in a way that violates any laws or regulations. Sparkle may refuse service, close accounts of any users, and change eligibility requirements at any time.

3. Copyright and ownership
Your access to the service provided by Sparkle is licensed and not sold. Upon your registration for a Sparkle Account, Sparkle grants you a revocable, non-exclusive, non-transferable right to access and use of the service. All content originating from Sparkle that is made available to view and/or download in connection with the Service is owned and is the copyrighted work of Sparkle. Except for the limited licenses expressly granted herein, Sparkle reserves all right, title and interest in and to the Service and all processing, analytics, and other software and technology used by Sparkle in the provision of the Service. All content on the site and the service (including text, graphics, logos, images) is the exclusive property of Sparkle and is protected by international copyright laws. You may not systematically retrieve data or content from the Site or the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation or directory whether by manual methods or through the use of automated systems such as bots or crawlers or otherwise. Furthermore, you must not (i) attempt to reverse engineer, or compromise any aspect of the Sparkle technology (ii) use, reproduce, modify or create derivative works of the Sparkle technology (iii) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service (iiii) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion or use of, or access to, the Service.
4. Software

Sparkle is provided as a Software as a Service-solution (SaaS) and local installation is not necessary for using the Service. However, it requires the latest versions of browsers Internet Explorer, Firefox, Chrome or Safari for optimal functionality. Sparkle owns the right to discontinue support for older versions of browsers when updating Sparkle.

5. Pricing and renewal of service

By registering for a Sparkle subscription, your subscription and payment to Sparkle will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through the website or by contacting an account representative before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and your account will be deleted. We will not refund any subscription fees already paid to us.

Sparkle may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use Sparkle after the price change takes effect, you accept the new price.

Upon initial registration, user is provided with a 14 day cost free trial of Sparkle. If the user does not purchase access to Sparkle during or after these 14 days, the trial account will be deleted and the user will not be charged anything. Notwithstanding any other provision of these terms, the trial is provided “as is” without any warranty. During the trial, the customer may use the Sparkle only for testing purposes, and the use in any public or live environment is prohibited.
6. Payment

Sparkle accepts Visa as forms of payment. Clients in Sweden, Denmark, Norway and Finland may also choose to instead pay by invoice for annual payments. Please see the Sparkle Pricing Page or contact an account representative at +46 40 685 74 00 for more information.

For Monthly Payments: The credit card on file for a User’s account will be charged after one month (30 days) and one day of the User’s initial sign-up date. The amount charged at this period and each subsequent month while under contract with Sparkle, will correlate to the User’s chosen account plan.

For Annual Payments: The credit card on file for a User’s account will be charged at time of purchase. After twelve (12) months of access and use of Sparkle, the credit card on file will again be charged for the following twelve (12) months, unless the User has cancelled its account. It is the User’s responsibility to update his or her credit card information if it has changed within that yearly period, or else be subject to account deactivation and standard collection processes.

If a credit card fails to be successfully charged at time of payment, the User will be prompted with a warning of account deactivation. If the account still has not been settled after an additional five (5) business days, the User’s account will be deactivated along with all User accounts associated with said client account. Sparkle reserves the right to use appropriate collection channels for accounts deactivated due to non-payment as part of these terms and conditions.
7. Cancelling your account

Users can cancel their accounts at any time using the deactivation feature found under your account settings or by contacting a Sparkle Account Representative. Canceling the service means that you will not be billed at your next billing date. No refund will be given if the service is cancelled within a partial period of the User’s current subscription period.
[2016-08-17 09:36:30] Mattias Axelsson: 8. Accountability and liability

Sparkle gives the Customer the ability to collect public social media posts and display it in numerous outlets such as displays and websites.

Before publicly displaying any collected content, the Customer confirms that it has the right to reproduce and display collected content. NSO Group AB can at no point be held responsible for any copyright infringements caused by such collection.

The Customer is solely responsible for the information published using Sparkle. Sparkle can not and does not screen content curated or provided by the Customer through Sparkle. Notwithstanding, Sparkle reserves the right to monitor content and remove content, which Sparkle determines to be harmful, offensive or otherwise in violation of this Agreement. The customer warrants and agrees that it will not use Sparkle in a manner that (i) infringes the intellectual property rights or proprietary rights of any third party (ii) violates any law or regulation (iii) is known to be harmful, threatening, abusive, harassing, tortious, vulgar, obscene or pornographic (iv) adversely affect or reflects negatively on Sparkle’s goodwill, name or reputation or causes discomfort to Sparkle or anyone else.

Sparkle remains the right to shut down any Sparkle that should infringe any of the regulations stated above without any refund being made to the Customer.
9. Service Level Agreement

Sparkle does not guarantee any up-time of its services. Sparkle inherits the service level agreements of the APIs from which Sparkle consumes content (Facebook, Twitter, Instagram, Google News, Youtube etc). Sparkle does not guarantee the offering of any of its social sources. At any time, Sparkle can stop offering the service provided by any social media source without notice or liability.

If the Sparkle service is down due to limited access provided through these APIs, Sparkle is not responsible for any lag in service, nor are the providers of those APIs. By creating a Sparkle service account you acknowledge that this service is dependent upon APIs that are not controlled by Sparkle.

Sparkle makes no representations and/or warranties regarding uptime for the Sparkle service. You agree to defend, indemnify and hold harmless Sparkle against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Sparkle service.
10. Communication
Any issues, concerns, or questions should be directed to Sparkle via the Contact Us page or via email to support@getsparkle.io.

11. Service Level Agreement
Sparkle does not guarantee any up-time of its services. Sparkle inherits the service level agreements of the APIs from which Sparkle consumes content (Facebook, Twitter, Instagram, Google News, Youtube etc). Sparkle does not guarantee the offering of any of its social sources. At any time, Sparkle can stop offering the service provided by any social media source without notice or liability.

If the Sparkle service is down due to limited access provided through these APIs, Sparkle is not responsible for any lag in service, nor are the providers of those APIs. By creating a Sparkle service account you acknowledge that this service is dependent upon APIs that are not controlled by Sparkle.

Sparkle makes no representations and/or warranties regarding uptime for the Sparkle service. You agree to defend, indemnify and hold harmless Sparkle against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Sparkle service.

12. Testimonials

NSO Group owns the right to user Customer’s name for marketing purposes.

13. Force majeure

If a party is prevented from fulfilling its obligations under this agreement due to circumstances outside the party’s control, such as lightning strikes, labor disputes, fire, burglary, changing government regulations, government intervention and errors or delays in services from suppliers because of the circumstances stated herein, this shall constitute grounds which shall postpone the time of performance and relief from damages and other penalties. If the above mentioned circumstances affects the delivery of the system by more than three months, either party may, without liability, in writing withdraw the agreement.

14. Disputes
Disputes concerning the interpretation or application of this Agreement shall be settled by an arbitration court under the rules of the Stockholm Chamber of Commerce Arbitration Institute. The arbitral tribunal shall consist of a sole arbitrator.