Terms of use

These Terms of Use (“Terms”) govern your access to and use of the Spark mobile application (“App”) and related services. The App is operated by Thjis, registered in the Netherlands (“Thjis”, “we”, “us”, “our”). By downloading, installing, or using the App, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.

Eligibility

You must be old enough to enter a binding contract and to use the App under the rules of your app store and local law. The App is not intended for children under 13 (or the higher age required in your region).

License to use the App

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App for your own non-commercial entertainment, subject to these Terms and the rules of the store from which you downloaded the App (Apple App Store or Google Play).

Subscriptions and billing

Some features require a paid subscription. Our subscription products are named Weekly and Yearly (exact titles as shown in the store may vary slightly). Payments are processed by Apple or Google, not by us directly. Your purchase is subject to the store’s terms, including how payment is collected and how subscriptions renew.

• Auto-renewal. Unless you cancel before the end of the current period, subscriptions renew automatically for the same plan (Weekly or Yearly) at the then-current price, charged to your store account.
• Cancellation. You may cancel your subscription at any time through your Apple or Google account subscription settings. Cancellation stops renewal at the end of the current billing period; you typically keep access until that period ends, as determined by the store.
• Refunds. We do not provide partial (“pro-rata”) refunds for unused time in a billing period. Refund requests are handled by Apple or Google according to their policies and applicable law, not by us.
• Price and currency. Prices we show in the App or on our site are generally stated in USD. Apple or Google may display and charge in another currency or amount based on your store region and their conversion rules.

Free trial (Yearly plan, exit offer only)

A 7-day free trial may be available only for the Yearly plan and only if you accept the exit (or equivalent) offer presented in the App. If you do not accept that offer, the trial does not apply. If you do accept it, the store’s trial terms apply: unless you cancel before the trial ends, your subscription converts to a paid Yearly subscription and your store account will be charged. Trial availability, eligibility, and duration may vary by region or account and can change over time.

No statutory right of withdrawal for immediate digital supply (EU / UK)

If you are a consumer in the European Economic Area, Switzerland, or the United Kingdom, you may have statutory rights in relation to distance contracts. Digital content supplied immediately may not be subject to the usual 14-day cancellation right if the law allows an exception where you expressly request immediate performance and acknowledge that you lose that right once supply begins.

By completing a purchase in the App, you expressly request immediate access to the subscribed functionality and acknowledge that you lose any statutory right of withdrawal for that purchase to the extent applicable law permits such waiver once performance has begun. This does not limit mandatory rights you may have under consumer law for lack of conformity or other non-waivable claims.

Offers, tests, and regional differences

We may present different subscription plans, prices, trials, or paywall layouts to different users based on factors such as geographic region, language, app store country, device type, or similar segments, including A/B tests. Nothing in these Terms guarantees you a specific price or offer available to another user.

Termination

By you. You may stop using the App at any time. Deleting the App does not cancel a subscription—you must cancel in your Apple or Google subscription settings.

By us. We may suspend or terminate your access to the App (or cease offering the App) if we reasonably believe you have breached these Terms, if required by law or by a platform, or to protect security, users, or the public. Where reasonable, we will try to give notice; in urgent cases we may act without prior notice.

Termination of your access does not cancel an active store subscription or change how Apple or Google bill you. Provisions of these Terms that by their nature should survive (including intellectual property, disclaimers, limitations of liability, and dispute resolution) will survive termination.

Apple App Store–specific terms

If you use the App on an Apple device, you acknowledge that these Terms are between you and Thjis 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. If the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims relating to the App or your use of it, including product liability claims, legal or regulatory compliance failures, or consumer protection claims. In the event of any third-party claim that the App infringes intellectual property rights, Apple is not responsible for investigation, defense, settlement, or discharge of that claim. You represent that you are not in a U.S.-embargoed country or on a U.S. government restricted-party list. Your right to use the App follows the Usage Rules in the Apple Media Services Terms.

Google Play–specific terms

If you download the App from Google Play, Google may apply additional terms as the distributor of the App. Google is a third-party beneficiary of any provisions that benefit Google under Google’s standard developer terms, where applicable.

User conduct

You agree not to:

• Use the App for anything unlawful, harmful, fraudulent, or harassing.
• Attempt to reverse engineer, decompile, or circumvent technical or payment limits except where applicable law forbids that restriction.
• Interfere with the App’s operation or other users’ enjoyment.

Content and nature of the App

Spark is a social party experience: prompts and statements are meant to spark discussion and entertainment. They are not professional, medical, legal, or therapeutic advice. You are responsible for how you use the App with others and for complying with local laws and norms.

Intellectual property

The App, its branding, and its content are owned by Thjis or our licensors and are protected by intellectual property laws. Except for the limited license above, no rights are granted to you.

Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING MANDATORY CONSUMER LAW), THJIS AND ITS AFFILIATES, OFFICERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US DIRECTLY IN THE TWELVE MONTHS BEFORE THE CLAIM (IF ANY—RECOGNIZING THAT MOST PAYMENTS GO THROUGH APPLE OR GOOGLE) OR (B) FIFTY U.S. DOLLARS (USD $50), UNLESS APPLICABLE LAW REQUIRES OTHERWISE.

Changes

We may modify these Terms or the App at our discretion. We will post updated Terms here and update the “Last updated” date. Unless a shorter period is required by law or by an app store, we will notify users at least one (1) month before changes take effect (for example via an in-app notice, email if we have your address from support, or another reasonable method). Continued use of the App after the effective date constitutes acceptance of the updated Terms, except where applicable law requires additional notice or consent. If you do not agree, stop using the App and cancel any subscription through your store account before the effective date.

Governing law and venue (excluding United States residents)

If you are not a resident of the United States of America, these Terms are governed by the laws of the Netherlands, excluding conflict-of-law rules. You and Thjis agree that the courts of the Netherlands have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App, except where mandatory consumer law gives you the right to bring proceedings in the courts of your country of residence. We do not use arbitration for disputes covered by this section.

Binding arbitration and class action waiver (United States residents only)

This section applies only if you are a resident of the United States and only to the extent permitted by federal law. If any part of this section is invalid or unenforceable, the remainder (including for non-U.S. users) still applies. For U.S. residents, these Terms (other than this dispute-resolution section) are governed by the laws of the Netherlands, excluding its conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration and class waiver section. Mandatory consumer protection laws of the U.S. state where you reside may still apply where they cannot be waived.

Informal resolution. Before filing a claim, you agree to contact us at the email below and try to resolve the dispute informally for at least thirty (30) days.

Arbitration. If the dispute is not resolved informally, you and Thjis agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App (collectively, “Disputes”) will be determined by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this section. The arbitration will be conducted in English. The arbitrator may conduct hearings by video or telephone. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND THJIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Thjis agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If a court decides that this class waiver is unenforceable as to any claim, then that claim must proceed in court; the remainder still arbitrates.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. Either party may bring an individual action in small claims court if the claim qualifies.

Opt-out. You may opt out of this arbitration and class waiver section by emailing us within thirty (30) days of the first date you accept these Terms (or first use the App after an update that changes this section) with your name, a clear statement that you opt out of arbitration, and the email address associated with your store account if any. Opting out does not affect other provisions of these Terms.

Fees. AAA consumer rules govern filing and administrative fees. If you demonstrate that arbitration costs would be prohibitive compared to court, we will pay as much of the filing and hearing fees as the arbitrator finds necessary to prevent arbitration from being cost-prohibitive (unless the arbitrator finds your claim frivolous).

Contact

Questions about these Terms: me@thjis.com*