Flashcloud Spark Terms
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Scope of These Terms
These Flashcloud Spark Terms (the "Spark Terms") govern your use of Flashcloud Spark, the AI website and app builder offered by FlashCloud, LLC ("Flashcloud", "we", "us"). They apply in addition to the Flashcloud Terms of Service, the Acceptable Use Policy, the Privacy Policy, the Data Processing Agreement, the Domain Name Agreement and the other policies incorporated there, all of which continue to apply to your use of Spark. Where these Spark Terms and the Terms of Service say different things about Spark, these Spark Terms apply. By starting a Spark trial, ordering a Spark plan, or using the Spark builder in your Flashcloud account, you agree to these Spark Terms. If you use Spark on behalf of a company or another person, you confirm that you have the authority to bind them, and "you" means that company or person as well.
Service Description
Spark is a builder: you describe the app or website you want in plain words, Spark generates and assembles it, and you refine the result by giving further instructions. Spark publishes what you build and hosts it for you. Publishing, SSL, the backend and its database are part of every plan, so a Spark project does not need a separate hosting plan. Each project receives a Flashcloud address when it is published, and you can connect a domain of your own as described in the Domains and Hosting section below. Spark is built on artificial-intelligence models and infrastructure provided to Flashcloud by third parties, which Flashcloud operates and supports under its own name. We may change the underlying models, the features of the builder, the credit cost of particular operations, and the way projects are built and published at any time, including to improve quality or security, and we will give reasonable notice of material changes that negatively affect your use of Spark where we can.
Plans, Credits and Usage Limits
Spark is sold as monthly plans. Each plan includes a monthly allocation of credits, the number of projects you may work on at the same time, the custom-domain options that apply, and a level of support, all as described on the Spark page of our website and in the portal at the time you order. The current plan limits are part of these Spark Terms. Credits are what Spark spends when it works for you: generating a page, changing a layout, adding a feature, fixing a problem. Larger requests use more credits than small changes, and the credit cost of a request is determined by the work Spark actually performs, not by the length of your instruction. Your monthly credits reset on your billing date, and credits that are unused at the end of a billing month do not carry over. Top-up credit packs may be offered for purchase in the portal; top-up credits are valid for the period stated at the time of purchase, are consumed after your monthly credits, and have no cash value. When your credits are used up, building and editing pause until the next monthly reset, until you move to a bigger plan, or until you buy a top-up pack. Your published projects keep running. Credits are personal to your account, may not be transferred, sold or shared outside your account, and may not be obtained by circumventing the limits of your plan, for example by running several trials or by automating requests in a way that is designed to defeat the plan limits. Spark projects run on shared infrastructure. Published projects are subject to the fair-use resource limits that apply to Flashcloud hosting under the Terms of Service. A project that consumes resources out of proportion to its plan, or that affects other customers, may be throttled, may require a bigger plan, or may be suspended until the issue is resolved.
Free Trial
New Spark customers may start a free trial of thirty days. The trial lets you build and publish one real project at no charge. One trial is available per customer; additional trials opened by the same person, business or payment method may be cancelled. We may ask you to confirm your identity or add a valid payment method when you start a trial, and we may refuse or end a trial where we reasonably suspect abuse. Unless you cancel before the trial ends, your plan continues as Spark Starter at the price shown when you started the trial, and your projects stay exactly where they are. We send you a reminder about a week before the trial ends. You can cancel at any time before day thirty from your Spark page in the portal, in which case nothing is charged. A project built during a trial that you do not continue is treated like any other project after a plan ends, as described under Cancellation below.
Billing, Plan Changes and Cancellation
Spark plans are billed monthly in advance, in US dollars, to the payment method on your Flashcloud account, and renew automatically each month until cancelled. Prices are shown before tax; applicable taxes are added according to your location. The payment, late-payment and chargeback provisions of the Terms of Service apply to Spark. You can move to a bigger plan at any time; the change takes effect immediately and the difference for the remainder of the billing month is charged pro rata. A move to a smaller plan takes effect at your next renewal. You can cancel from your Spark page in the portal at any time; your plan stays active until the end of the billing month you have paid for. Because Spark is billed one month at a time and credits are consumed as you build, fees for a billing month that has started are not refunded, and used credits and top-up packs are not refundable. The money-back guarantee for hosting plans in the Terms of Service does not apply to Spark plans. When your plan ends, your published projects stop being served and the builder is no longer available for them. Your projects remain available in the portal for thirty days after your plan ends so that you can download your code and data, after which they may be deleted. You are responsible for downloading anything you want to keep before then.
Your Content and Your Projects
You keep everything you bring to Spark. The ideas, text, images, logos, data and other material you type, upload or connect ("your content") remain yours. You confirm that you own your content or have the permission you need to use it, that it does not infringe anyone's intellectual property, privacy or other rights, and that it is lawful in the places where you and your visitors are. You are solely responsible for your content and for the decisions you make about it. You also own what you build. The sites, apps and code that Spark generates for you in your projects ("your projects") belong to you to the extent permitted by law and by the rights of third parties in any components they contain, and you may download the source code from the builder at any time. Spark output may include open-source software, fonts, icons and other third-party components; those remain subject to their own licences, which you agree to respect. Because Spark produces output from the instructions it is given, similar or identical output may be produced for other customers, and you do not acquire any rights in output produced for others or in the models, templates and tools that produce it. So that we can run Spark for you, you give Flashcloud and the providers that power Spark a non-exclusive, worldwide licence to host, store, copy, process, transmit and display your content and your projects as needed to build, publish, back up, secure and support them, and to comply with the law. That licence ends when your content and projects are deleted from Spark, except for copies kept in routine backups for a limited time. Your projects are private to your account; Flashcloud staff look inside only when you ask for help, when needed to keep the service secure, or when required by law.
AI-Generated Output
Spark generates its output automatically from your instructions. The output can be wrong, incomplete, out of date, biased, or unsuitable for your purpose, and it may differ from what you intended. The builder does not understand your business, your customers or your legal obligations. Nothing Spark produces is legal, financial, medical, tax, security or other professional advice, and you must not rely on it as such. You are responsible for reviewing everything Spark produces before you publish it or use it, including text, prices, calculations, forms, generated code, and anything that handles personal data or payments. You decide what goes live. Spark can make its own mistakes in code as well as in copy, so test the parts that matter, keep your own backups, and treat a published project the way you would treat any other software you have put in front of the public. Flashcloud does not guarantee that Spark output is accurate, original, free of third-party rights, secure, or fit for any particular purpose, and the warranty disclaimers and limitations of liability in the Terms of Service apply to Spark output in full.
Acceptable Use and Restrictions
You may use Spark to build and run sites and apps for yourself, your business, or your clients within the limits of your plan. The Acceptable Use Policy applies to everything you do with Spark and to everything your projects do once they are published. You must not: copy, modify, reverse engineer, decompile, scrape or otherwise try to extract the builder, its models, prompts, templates or underlying software; resell, rent, lease or sublicense access to the builder itself, or offer it as a service of your own (hosting the projects you build for clients is fine); use Spark to build anything unlawful, infringing, deceptive, harmful or in breach of the Acceptable Use Policy, including phishing pages, malware, spam tools, or sites that impersonate others; use Spark to generate content that is defamatory, hateful, sexually exploitative, or that violates the rights of any person; probe, overload, or interfere with the builder, its infrastructure, or other customers' projects; use automated tools to drive the builder except through features we provide for that purpose; or circumvent credit, trial, project or resource limits. You are responsible for everyone who uses Spark through your account, including team members and clients, and for keeping your login credentials secure.
Published Projects and Your Visitors
Once you publish a project, you are its operator. You are responsible for everything your visitors see and do there: the content, any goods or services you sell, the handling of the personal data your project collects, the security of logins and accounts you create for your users, and compliance with the laws that apply to your project and your visitors, including consumer, e-commerce, accessibility and data-protection laws. That means you must provide your own visitor-facing terms, privacy notice and cookie information where the law requires them, obtain any consents your project needs, and respond to requests from your users about their data. Where your project uses AI features in front of your visitors, for example a chatbot or generated content, you are responsible for any disclosure of that use that the law or your visitors' reasonable expectations require. Flashcloud's Privacy Policy covers Flashcloud's own processing; it does not cover the data your project collects from your visitors, for which you are the controller and Flashcloud is a processor under the Data Processing Agreement.
Connected Services
Spark can connect your project to outside services, for example a payment provider so that your visitors can pay, an email service, a map or an analytics tool. When you connect an outside service, you open and own the account with that provider, you agree to the provider's own terms, and you are responsible for the connection, for the keys and credentials you give Spark, and for what the service does with your visitors' data. Payments taken by your project go through your payment provider and land in your provider account; Flashcloud is not a party to those transactions and does not hold the money. Flashcloud does not control outside services, does not guarantee that they will keep working with your project, and is not responsible for their availability, charges, changes, or breaches. If a provider changes or withdraws an interface, your project may need to be rebuilt or reconnected, and that work uses credits like any other.
Domains and Hosting
Every published project receives a Flashcloud address on a domain we control. That address is provided for the life of your plan, may not be transferred, and may be changed or withdrawn by us on reasonable notice, for example if it is used for abuse. You can also connect a domain you register with Flashcloud or hold on one of your Flashcloud hosting plans, as allowed by your plan; domains are subject to the Domain Name Agreement. An SSL certificate is issued for every published project. Hosting of your published projects is part of your Spark plan and is subject to the Terms of Service. The uptime guarantee and service credits in the Terms of Service apply to the hosting of published projects; they do not apply to the builder interface, to AI generation, or to preview environments, which may be unavailable from time to time, including for maintenance and model updates. We keep routine backups of the platform for disaster recovery; they are not a substitute for your own copies of your code and data, which you can download at any time.
Privacy and Data Processing
Flashcloud processes the personal data in your Flashcloud account under the Privacy Policy. To build and run your projects, the instructions you give Spark, the content you upload, and the data stored by your projects are processed by Flashcloud and by the AI and infrastructure providers that power Spark, which act as sub-processors under the Data Processing Agreement. Your instructions and content are used to generate and operate your projects and to keep the service secure and supported; they are not sold. Please do not put into your instructions personal data that your project does not need, and do not use Spark to process special categories of personal data unless your project has been built to handle them lawfully. Where your projects store personal data about your visitors, you are the controller of that data and Flashcloud is your processor, and the Data Processing Agreement applies. You can delete a project, and the data it holds, from the portal at any time; copies may remain in routine backups for a limited period.
Suspension and Termination
Flashcloud may suspend or restrict your access to Spark, or to a particular project, with or without notice, where we reasonably believe that these Spark Terms, the Acceptable Use Policy or the Terms of Service are being breached, where a project creates a security, legal or abuse risk, where a project consumes resources that affect other customers, where we receive a valid complaint or legal demand, or where fees are not paid. We will tell you what happened and, where appropriate, what you need to do, and we lift suspensions once the issue is resolved. Repeated or serious misuse may lead to termination of your Spark plan or your Flashcloud account under the Terms of Service. The cancellation, termination and data-retention provisions of the Terms of Service apply to Spark.
Support
Spark support is provided by the Flashcloud support team through the ticketing system in your Client Area, at the level that applies to your plan. Support covers the builder, publishing, domains, billing and your Flashcloud account. Support can help you understand what Spark has built and how to ask for changes, but it does not write or debug custom code on your behalf, does not provide advice about your business or your legal obligations, and does not review your projects for accuracy or compliance. The Support section of the Terms of Service applies.
Changes to Spark and to These Terms
Spark is a new and fast-moving service. We may add, change or remove features, models, plans and limits, and we may update these Spark Terms, at any time. Material changes that are unfavourable to you will be communicated with reasonable notice, by email or through the portal, before they take effect for existing customers, except where a change is needed for legal or security reasons. Your continued use of Spark after a change takes effect means you accept it; if you do not, you can cancel your plan before the change takes effect.
Contact Information
If you have questions about these Spark Terms, you can contact us by email at legal@flashcloud.com, for support at support@flashcloud.com or by submitting a ticket through your Client Area, or by mail at FlashCloud, LLC, 2810 N Church St, PMB 859482, Wilmington, Delaware 19802-4447, United States. For more information about Flashcloud Spark, visit https://flashcloud.com/spark.