These Terms of Service ("Terms") govern your access to and use of Sparkum, a service owned and operated by ONYX Labs LLC, a company registered in the State of New York (“we,” “our,” or “us”). By accessing or using Sparkum, you agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree to these Terms, you may not use the Service.

1. Acceptance of Terms

By creating an account, connecting social media accounts, accessing any part of the Sparkum platform, or using any of our features, you acknowledge that you’ve read, understood, and agreed to be bound by these Terms. If you’re using Sparkum on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of the Service

Sparkum is a social media management platform that allows users to schedule content across multiple platforms, customize posts per platform, analyze performance, manage teams and brands, and engage with audiences through a centralized interface.

Key features include, but are not limited to:

• Multi-platform post scheduling and per-platform editing

• Calendar views with draft management and visual previews

• Unified analytics, including engagement metrics and demographics

• Comment and DM management across platforms

• Multi-brand, multi-channel support for teams

• Team collaboration tools with role-based permissions

• Clean, performance-focused UI designed for creators and teams

Access to specific features may depend on your plan tier. We reserve the right to modify, improve, or discontinue any part of the Service at our discretion, with or without notice.

3. Eligibility and Account Registration

To use Sparkum, you must be at least 13 years old. If you are under the age of majority in your jurisdiction (usually 18), you must have permission from a parent or legal guardian to use the Service.

By registering an account, you agree to:

• Provide accurate, current, and complete information

• Keep your account credentials secure

• Take responsibility for all activity under your account

You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account, whether or not authorized by you. If you believe your account has been compromised, please notify us immediately at 📬 sparkum.support@onyxlabs.tech.

We reserve the right to suspend or terminate accounts that violate these Terms or that pose a risk to the platform or other users.

4. Subscriptions, Billing, and Payments

a. Free and Paid Plans

Sparkum offers both a free plan and paid subscription tiers. Features available to you will depend on the plan you choose.

b. Billing Cycles

Paid subscriptions are billed on a monthly or annual basis, depending on the plan selected during checkout. By subscribing, you authorize Sparkum to charge your payment method at the start of each billing cycle until you cancel.

c. Payment Processing

All payments are securely processed by Stripe. Sparkum does not store or process any credit card or payment data directly.

d. No Refund Policy

All payments are non-refundable, including partial use, downgrades, or cancellations made before the end of your billing cycle. We do not offer refunds under any circumstances.

e. Cancellation

You may cancel your subscription at any time through your account settings. Your access to paid features will continue until the end of your current billing cycle. After that, your account will automatically revert to the free plan.

f. Plan Changes

Upgrades or downgrades take effect at the start of your next billing cycle. Sparkum does not offer prorated pricing or partial refunds.

5. User Responsibilities and Acceptable Use

By using Sparkum, you agree to use the platform responsibly and in compliance with all applicable laws. You may not:

• Use Sparkum for any unlawful, fraudulent, or harmful purpose

• Post or schedule content that is defamatory, harassing, abusive, discriminatory, obscene, or otherwise objectionable

• Attempt to access, tamper with, or use non-public areas of the Service or our infrastructure

• Reverse engineer, decompile, or attempt to extract source code from the platform

• Interfere with or disrupt the integrity, security, or performance of the Service

• Misrepresent your identity or affiliation, or impersonate others

• Use the platform in a way that violates the terms of service or community guidelines of connected social platforms

You are solely responsible for the content you create, schedule, post, or manage through Sparkum. While we may monitor usage to protect the platform, we do not assume responsibility for user-generated content or interactions.

Violation of these terms may result in suspension or termination of your account, without refund.

6. Intellectual Property

a. Our Rights

The Sparkum platform, including its design, software, branding, features, and content (except user-generated content), is the intellectual property of ONYX Labs LLC. All rights not expressly granted are reserved.

You may not:

• Reproduce, modify, or distribute any part of the Service

• Use Sparkum branding, trademarks, or logos without prior written permission

• Create derivative works based on the platform’s interface, code, or design

b. Your Rights

You retain ownership of all content you create, upload, post, or manage through Sparkum (“User Content”). By using the Service, you grant Sparkum a limited, non-exclusive, worldwide license to use, host, store, and display your User Content only as necessary to provide the platform’s core functionality (e.g., scheduling, analytics, engagement, etc.).

We do not claim ownership of your content, nor do we use it for marketing, training, or resale purposes.

7. Termination and Suspension

a. By You

You may terminate your account at any time by using the in-app settings or contacting us at 📬 sparkum.support@onyxlabs.tech. Termination will result in the loss of access to all features, and your data will be scheduled for deletion in accordance with our Privacy Policy.

Paid plans will remain active until the end of your billing cycle. No refunds will be provided for unused time.

b. By Sparkum

We reserve the right to suspend or terminate your account, with or without notice, if:

• You violate these Terms or any applicable laws

• Your use poses a risk to Sparkum, our infrastructure, or other users

• Required by law enforcement, court order, or regulatory authority

• Your account has been inactive for an extended period (in our discretion)

c. Effect of Termination

Upon termination:

• Your access to the Service will be revoked

• Any non-public data stored on your behalf may be deleted

• Cached analytics or log records may persist temporarily for legal or operational purposes

We are not liable for any loss or deletion of content resulting from termination.

8. Disclaimers and Limitation of Liability

a. Service Provided “As Is”

Sparkum is provided on an “as is” and “as available” basis. We do not guarantee that the Service will be uninterrupted, error-free, or secure at all times. Functionality may be impacted by changes to third-party APIs, outages, or maintenance.

We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

b. Social Platform Dependence

Sparkum relies on third-party APIs (such as Instagram, Facebook, TikTok, etc.) to provide functionality. We are not responsible for changes, limitations, outages, or discontinuation of service by any third-party platform.

Your use of connected social accounts remains subject to the terms and conditions of those respective services.

c. Limitation of Liability

To the fullest extent permitted by law, ONYX Labs LLC (and its affiliates, officers, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of data, profits, revenue, or goodwill, arising out of or in connection with your use of Sparkum.

Our total liability for any claim related to the Service will not exceed the amount paid by you (if any) to Sparkum in the 12 months preceding the event giving rise to the claim.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles.

Any dispute arising out of or related to these Terms or your use of Sparkum shall be resolved:

• First, through good-faith negotiations between you and ONYX Labs LLC

• If unresolved, exclusively in the state or federal courts located in New York County, New York

You agree to submit to the personal jurisdiction of these courts and waive any objection based on venue or forum non conveniens.

To the extent permitted by law, all claims must be brought individually. You and Sparkum agree not to pursue any dispute as a class action or other representative proceeding.

10. Contact Information

If you have any questions about these Terms, you can reach us at:

ONYX Labs LLC

New York, USA

📬 sparkum.support@onyxlabs.tech