Spark — Momentum Tracking App
Effective Date: February 27, 2026
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Spark ("Company," "we," "us," or "our") governing your access to and use of the Spark mobile application (the "App" or "Service").
By downloading, installing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
We reserve the right to modify these Terms at any time. We will notify you of material changes via the App or email. Continued use of the App after changes constitutes acceptance of the updated Terms.
You must be at least 13 years of age to use the App. By using the App, you represent and warrant that:
If you are between 13 and 18 years of age, you represent that a parent or legal guardian has reviewed and consented to these Terms.
To use Spark, you must create an account using a valid email address. You agree to provide accurate, current, and complete information and to keep your account information updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
We are not liable for any loss or damage arising from your failure to maintain account security.
Each user may maintain one active account. Creating multiple accounts to circumvent limitations, bans, or subscription requirements is prohibited.
The App is provided for your personal, non-commercial use to track personal wins, build momentum, and receive AI-powered coaching responses.
You agree not to:
You retain ownership of the content you create within the App (win logs, photos, notes). By submitting content, you grant Spark a limited, non-exclusive, royalty-free license to store, process, and display that content solely for the purpose of providing the Service to you.
You represent and warrant that your content does not violate any third-party rights and complies with these Terms.
Spark uses artificial intelligence to generate personalized coaching responses, pattern analyses, and monthly letters based on your win logs. You acknowledge and agree that:
AI-generated responses are for motivational and informational purposes only. Spark AI is not a licensed therapist, doctor, counselor, lawyer, or financial advisor. Nothing in the App constitutes professional medical, psychological, legal, financial, or clinical advice. If your goals involve health, addiction recovery, mental health, legal matters, or financial decisions, you should consult a qualified professional.
Spark is not liable for any decisions made or actions taken based on AI-generated content within the App. Use of the App's coaching features is at your own discretion and risk.
Spark offers a free tier with limited features and a Spark Premium subscription with full access to all features. The specific features available in each tier are described within the App and are subject to change with reasonable notice.
Spark Premium is available as a monthly subscription. All subscriptions are processed through Apple's In-App Purchase system. By subscribing, you agree to:
We may offer a free trial period for Spark Premium. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. You will be charged the applicable subscription fee at the start of the first paid period.
You may cancel your Spark Premium subscription at any time through your Apple ID settings. Cancellation takes effect at the end of the current billing period — you will retain access to premium features until that date. We do not provide partial refunds for unused subscription time.
All purchases are processed through Apple's App Store. Refund requests must be submitted directly to Apple in accordance with Apple's refund policy. Spark does not have the ability to issue refunds for App Store purchases directly.
To request a refund from Apple: open the App Store, go to your purchase history, find the Spark subscription, and select "Report a Problem."
We reserve the right to change subscription pricing. We will provide at least 30 days notice of any price changes via the App or email. Your continued subscription after the price change takes effect constitutes acceptance of the new price.
The App, including its design, code, branding, AI coaching prompts, and all content created by Spark (excluding user-generated content), is owned by Spark and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the App without our express written permission.
You retain ownership of all content you create within the App, including win logs, photos, and notes. You grant Spark a limited license to process this content solely to provide the Service. This license terminates when you delete the content or your account.
AI-generated responses, pattern analyses, monthly letters, and Kindling plans are generated by Spark on your behalf and are provided for your personal use. These outputs are not guaranteed to be unique and similar content may be generated for other users. Spark retains no claim over AI-generated content delivered to you, but you acknowledge the AI-generated nature of this content.
If you submit feedback, suggestions, or ideas about the App, you grant Spark the right to use that feedback without compensation or attribution to you.
You may delete your account at any time through Profile > Delete Account within the App. Upon deletion, all your personal data, win logs, streaks, photos, and AI-generated content will be permanently deleted from our systems within 30 days. This action is irreversible.
We reserve the right to suspend or terminate your account at any time, with or without notice, if we determine that you have:
In the event of termination by Spark for cause, you will not be entitled to a refund of any unused subscription period.
Upon termination of your account for any reason, your right to access and use the App immediately ceases. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, and limitations of liability) will continue to apply.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
Your use of the App is at your sole risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF DATA OR CONTENT, LOSS OF PROFITS OR REVENUE, EMOTIONAL DISTRESS, PERSONAL INJURY RESULTING FROM RELIANCE ON AI COACHING CONTENT, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.
In no event shall Spark's total liability to you exceed the amount you paid to Spark in the twelve (12) months preceding the claim, or $100 USD if you have not made any payments.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Spark and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Colorado, without regard to conflict of law principles.
Before initiating any formal legal proceedings, you agree to contact us at the email address in Section 15 and attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of your notification.
You agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action.
If you downloaded the App from the Apple App Store, you acknowledge that:
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spark regarding your use of the App and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights under these Terms without restriction.
If you have any questions about these Terms, please contact us:
We will make every reasonable effort to respond to your inquiry within 30 days.