Important Notice: These Terms require all disputes between you and us to be resolved through binding individual arbitration instead of in court. This means you waive any right to have disputes decided by a judge or jury, and you waive any right to participate in class actions, class arbitrations, or representative actions. You may opt out of arbitration within thirty (30) days of first accepting these Terms — see the Opt-Out section under Dispute Resolution below.
We provide brief summaries at the beginning of each section for easier reading. These summaries do not replace or modify the actual text — please read each section in full.
1. Introduction
Summary: This is a binding contract between you and NightSparks. By using the platform, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, and Copyright Policy.
This Agreement governs your access to and use of nightsparks.com, any associated mobile applications, and all related services (collectively, the “Platform”) operated by NightSparks (“NightSparks,” “we,”us,” or “our”).
By accessing or using the Platform, you agree to be bound by these Terms of Service (“Terms”), together with our Privacy Policy, Acceptable Use Policy, and Copyright Policy (collectively, the “Agreement”). If you do not agree, you must not use the Platform.
We may update these Terms at any time. The new version will be posted here with an updated “Last Updated” date. We will try to notify you of material changes (e.g., via email or a banner on the Platform), but it is your responsibility to check for updates. Continued use of the Platform after changes means you accept the new Terms.
Contact Us: For any questions about the Platform or these Terms, email nightsparks@gmail.com.
2. Eligibility & Your Responsibilities
Summary: You must be 18+ (or the age of majority in your jurisdiction). You are fully responsible for your activity and all uploaded content.
You must be at least 18 years old or the age of majority in your jurisdiction to use the Platform.
By using the Platform, you represent and warrant that you meet this age requirement and can form a binding contract.
If you are using the Platform on behalf of an entity, you represent that you are authorized to bind that entity.
You are solely responsible for all activity on your account and for complying with all applicable laws, these Terms, and our Acceptable Use Policy.
You must not use the Platform in any way that violates law or harms others.
3. Other Applicable Terms
Summary: Additional policies form part of this Agreement.
The following policies are incorporated into these Terms:
Privacy Policy
Acceptable Use Policy
Copyright Policy (DMCA)
The Platform may contain third-party content or links. We are not responsible for third-party materials or terms.
4. Accounts
Summary: You need an account to upload or access certain features. Keep it secure — we’re not liable for unauthorized use.
To upload audio, subscribe, or access premium features, you must create an account and provide accurate information.
You are responsible for maintaining the confidentiality of your login credentials.
Notify us immediately at nightsparks@gmail.com if you suspect unauthorized access.
We may suspend or terminate accounts for violations of these Terms or suspicious activity.
These Terms survive account termination.
5. Subscriptions & Payments
Summary: Subscriptions auto-renew. All sales are final except where required by law.
We offer paid subscriptions (“Subscriptions”) for unlimited or enhanced access. Subscriptions renew automatically until canceled.
Prices and features are shown at purchase.
We may change prices with notice; changes won’t affect your current billing period.
Payments are processed via third-party providers (e.g., Stripe, Apple App Store, Google Play).
You are responsible for all taxes.
No refunds except as required by law (e.g., 14-day cooling-off period for EU/UK users).
Cancel anytime via your account settings or the relevant app store. Access continues until the end of the current billing period.
6. Content
Summary: You own your uploads but grant us a broad license. We can remove anything at any time.
Content includes:
Your Content — audio you upload
User Content — audio uploaded by others
Our Content — everything else on the Platform
You are solely responsible for Your Content. You represent and warrant that:
You own or have all necessary rights to upload it
All participants are 18+ and gave informed, revocable consent
It does not violate any law or third-party rights
By uploading, you grant NightSparks a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to host, distribute, modify (for technical reasons), and display Your Content on the Platform.
We may monitor, review, or remove any content at any time without notice.
You may not use User Content beyond what is allowed on the Platform (e.g., no downloading or commercial use without permission).
All other Platform content is owned by us or our licensors.
7. Your License to Use the Platform
Summary: We give you a limited license to use the Platform for personal, non-commercial enjoyment.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal entertainment.
This license ends automatically if you violate these Terms.
8. Disclaimers, Limitation of Liability & Indemnification
Summary: The Platform is “as is.” Our liability is strictly limited.
The Platform is provided “as is” without warranties of any kind. We disclaim all warranties to the fullest extent permitted by law.
To the fullest extent permitted by law, NightSparks will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill.
Our total liability is limited to the greater of $100 USD or the amount you paid us in the past 12 months.
You agree to indemnify and hold NightSparks harmless from any claims arising from your use of the Platform or violation of these Terms.
9. Dispute Resolution (Arbitration Agreement & Class Action Waiver)
Summary: Almost all disputes go to binding individual arbitration, not court. You can opt out within 30 days.
You and NightSparks agree to resolve any claims relating to these Terms or the Platform through final and binding arbitration, except for small claims court matters or intellectual property disputes.
Informal resolution required first (email nightsparks@gmail.com).
Arbitration administered by National Arbitration and Mediation (NAM) under their rules.
No class actions — individual arbitration only.
Opt-Out: Email nightsparks@gmail.com within 30 days of accepting these Terms with your full name, address, and a clear statement that you opt out of arbitration.
Governing law: State of Delaware, USA (except for arbitration governed by the Federal Arbitration Act).
10. Miscellaneous
Feedback you provide becomes our property.
We may modify or discontinue the Platform at any time.
No third-party beneficiaries.
Severability, waiver, and entire agreement clauses apply.
Force majeure — we’re not liable for events beyond our control.
By using NightSparks.com, you acknowledge that you have read, understood, and agree to these Terms of Service.
For any questions, contact nightsparks@gmail.com.
