Terms and Conditions ("T&C")

Effective Date: 2026.8.17

Last Updated: 2026.8.17

Welcome to SparkoAI.

This SparkoAI User Agreement (the "Agreement") is entered into by and between you and NAVIEMU PTE. LTD ("we," "us," or "our") in connection with your download, installation, activation, access to, or use of the SparkoAI app, website, client, related features, content, and services (collectively, the "Services"). We may also publish a Privacy Policy, membership or subscription rules, activity rules, community rules, and other supplemental rules. Such rules form an integral part of this Agreement.

Before using the Services, please read and fully understand this Agreement carefully, especially the provisions relating to service use restrictions, user content licenses, payments and auto-renewal, account handling, disclaimers, limitations of liability, and dispute resolution. By clicking "Agree," downloading, installing, activating, accessing, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to this Agreement, please stop using the Services immediately.

1. Account and Eligibility

1.1 The Services are not intended for children under 16 years of age, or the equivalent minimum age in the relevant jurisdiction. If you are under the age of majority in your jurisdiction, you should use the Services only after your parent or other legal guardian has read, understood, and agreed to this Agreement.

1.2 When you first use the Services, SparkoAI automatically creates an internal account identifier associated with your device or installation so that you can access and manage your generated content. SparkoAI does not provide third-party or social-media login.

1.3 You are responsible for using the Services in accordance with this Agreement and for maintaining the security of your device. Actions performed through your automatically created account are generally deemed to be your own actions, except as otherwise provided by applicable laws and regulations.

1.4 If we discover or have reasonable grounds to believe that your account involves any illegal or non-compliant activity, breach of this Agreement, infringement of others' rights, security risk, abnormal transaction, or similar circumstance, we reserve the right to take measures under this Agreement, including reminders, feature restrictions, suspension, or account cancellation.

1.5 You may request deletion of your automatically created account by contacting us at support@sparkoai.ai. Account deletion and personal-data deletion are subject to the SparkoAI Privacy Policy and applicable law.

2. Service License and Intellectual Property

2.1 Subject to your compliance with this Agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services on lawful devices.

2.2 All intellectual property rights and related interests in and to the Services and their software, technologies, programs, interfaces, layouts, graphics, text, audio, video, models, algorithms, trademarks, logos, product names, databases, and other content are owned by us or the relevant rights holders. Except for the license expressly granted under this Agreement, we do not transfer or grant you any other rights.

2.3 Without our prior written consent or the prior written consent of the relevant rights holder, you may not copy, adapt, modify, translate, distribute, rent, lend, exhibit, make available online, reverse engineer, decompile, disassemble, scrape, mirror, sell, sublicense, or otherwise use the Services or any content within the Services, except as otherwise permitted by applicable laws and regulations.

3. Paid Services, Membership, and Auto-Renewal

3.1 SparkoAI may provide free features as well as membership, subscriptions, value-added features, virtual benefits, digital content, or other paid services. The specific service content, prices, billing cycles, scope of benefits, refund rules, trial arrangements, and restrictions are subject to the purchase page, order page, platform rules, or other rules separately published by us.

3.2 If you purchase an auto-renewing subscription, payment is processed through Apple In-App Purchase. You authorize Apple to charge the fee for the next subscription period from your Apple account according to the subscription plan you selected. Billing time, cancellation, failed payment retries, refunds, and subscription management are subject to the rules displayed by the Apple App Store.

3.3 If you subscribe through Apple App Store, you may cancel the subscription through the subscription management page of your Apple account. In general, if you do not wish to renew, you should cancel in time before the current subscription or trial period ends. Different regions, platforms, or products may apply different rules.

3.4 SparkoAI does not offer external payment methods for digital content, subscriptions, or virtual benefits in the iPhone app.

3.5 You are responsible for any charges, interruption of benefits, or other impact caused by insufficient payment account balance, invalid payment method, third-party platform failure, network abnormality, regional restriction, account abnormality, or your failure to cancel auto-renewal in time, except to the extent such responsibility must be borne by us under applicable law.

3.6 Unless otherwise required by laws and regulations, platform rules, or our express commitments, digital content, membership benefits, virtual benefits, and subscription services that have been activated, used, or delivered generally do not support refunds without cause. If you believe that there is an abnormal charge or service issue, please contact us promptly through the contact information stated in this Agreement.

4. Virtual Benefits and Digital Content

4.1 The Services may provide points, quotas, tokens, membership benefits, filters, templates, material packs, virtual items, digital content, or other virtual benefits. Unless expressly stated otherwise on the purchase page, such virtual benefits may only be used within the Services according to applicable rules, do not have legal tender attributes, cannot be exchanged for cash, and cannot be used for transactions outside the Services.

4.2 We may adjust the name, rules, validity period, acquisition method, scope of use, or display method of virtual benefits based on product operation, technical maintenance, compliance requirements, or service adjustments, and will provide prompts or announcements within a reasonable scope.

4.3 You may not obtain or use virtual benefits through resale, transfer, leasing, gifting, cash-out, traffic manipulation, cheating, exploitation of vulnerabilities, or other abnormal methods. If you violate the rules, we have the right to deduct, freeze, or withdraw the relevant benefits and take account handling measures as appropriate.

5. User Content and License

5.1 Text, images, video, links, comments, feedback, prompts, materials, generated outputs, and other content that you upload, input, generate, edit, save, share, or otherwise submit through the Services are collectively referred to as "User Content."

5.2 You should ensure that you have lawful rights to your User Content or have obtained the necessary authorization. You may not submit content that is illegal, infringing, false, misleading, malicious, discriminatory, harassing, obscene, pornographic, violent, terrorist, privacy-infringing, intellectual-property-infringing, or otherwise inappropriate.

5.3 You grant us and the service providers acting on our behalf a worldwide, non-exclusive, royalty-free, limited license to use, store, copy, process, and transmit your User Content only to the extent necessary to provide the Services you request, including AI image and video generation, storage of generated content, security reviews, customer support, and compliance with law. This license does not affect the rights you lawfully have in your User Content. We do not use User Content to train, retrain, or fine-tune our models or applicable third-party providers' models.

5.4 If the Services include AI generation, editing, recommendation, automated processing, or similar features, you understand and agree that the relevant outputs may be inaccurate, incomplete, similar, duplicated, biased, or unsuitable for a particular purpose. You should make your own judgment and are responsible for the consequences of using, publishing, or relying on such outputs. You may not use such outputs for illegal, infringing, fraudulent, discriminatory, impersonation, public-misleading, or other improper purposes.

5.5 Original photos and videos submitted for AI generation are used only for the generation process and are automatically deleted after processing is complete. Generated images and videos are private, are not displayed or shared with other SparkoAI users, and are retained for 180 days from creation unless you delete them earlier. You may delete generated content directly through the Services, and related files will be immediately deleted from our active storage.

5.6 Suggestions, feedback, ideas, feature requests, or other opinions that you submit to us will not be treated as confidential information. You agree that we may use such feedback to improve our products, operations, and services without paying you any fees.

6. Rules of Conduct

When using the Services, you may not engage in any of the following conduct:

6.1 Violating applicable laws and regulations, regulatory requirements, public order and good morals, or this Agreement;

6.2 Impersonating any person or organization, or fabricating identity, qualifications, relationships, or authorization;

6.3 Uploading, publishing, or transmitting illegal, infringing, harassing, abusive, threatening, hateful, pornographic, violent, fraudulent, spam, malicious marketing, or other improper content;

6.4 Infringing others' rights to reputation, portrait, privacy, personal information, intellectual property, trade secrets, or other lawful rights and interests;

6.5 Using the Services for commercial advertising, mass messaging, traffic manipulation, traffic diversion, phishing, pyramid schemes, gambling, fraud, or other abnormal purposes;

6.6 Using plug-ins, scripts, bots, crawlers, automation tools, emulators, vulnerabilities, unauthorized extensions, or other methods to interfere with the normal operation of the Services;

6.7 Reverse engineering, decompiling, disassembling, destroying, bypassing, or tampering with technical measures, security mechanisms, billing mechanisms, or access controls of the Services;

6.8 Accessing, probing, scanning, attacking, interfering with, or overloading the servers, networks, systems, or other users' accounts of the Services without authorization;

6.9 Collecting, scraping, soliciting, or disclosing other users' personal information, account credentials, communications, or other non-public information;

6.10 Engaging in any other conduct that may harm us, other users, third parties, or the security, reputation, rights, interests, or normal operation of the Services.

7. Third-Party Services

7.1 The Services use third-party services, including Apple In-App Purchase, ByteDance and Alibaba Cloud third-party image model services, Alibaba Cloud OSS, analytics tools, attribution services, and other technical service providers. Depending on the requested feature, user-submitted photos, videos, prompts, metadata, and related technical information may be transmitted through APIs to ByteDance and Alibaba Cloud solely to generate the requested output. Generated images and videos are stored using Alibaba Cloud OSS in Singapore. Third-party services are provided and operated by the relevant third parties, and their use may be subject to third-party terms and privacy policies.

7.2 When using third-party services, you should read and comply with their rules. Any fees, disputes, losses, data processing, or other issues arising from third-party services shall be resolved between you and the third party in accordance with law, except as otherwise provided by applicable laws and regulations.

8. Service Changes, Interruptions, and Termination

8.1 We will use reasonable efforts to ensure the stable operation of the Services. However, the Services may be changed, interrupted, delayed, restricted, or terminated due to system maintenance, version upgrades, network failures, device failures, third-party service abnormalities, force majeure, regulatory requirements, security incidents, or other reasons.

8.2 To improve user experience, ensure security and compliance, or adjust business arrangements, we may from time to time add, modify, suspend, remove, or terminate certain features, content, benefits, or services. We will provide prompts or announcements in a reasonable manner based on the significance of the change.

8.3 If you violate this Agreement, applicable laws and regulations, or platform rules, we have the right to take measures according to the circumstances, including warnings, content deletion, publishing restrictions, feature restrictions, service suspension, account freezing or cancellation, withdrawal of virtual benefits, order cancellation, service termination, evidence preservation, and reporting to relevant authorities.

9. Privacy and Personal Information Protection

9.1 We value your privacy and personal information protection. We will process your personal information in accordance with the SparkoAI Privacy Policy and applicable laws and regulations.

9.2 Please carefully read the SparkoAI Privacy Policy before using the Services. If you do not agree to the Privacy Policy or any part of it, you should stop using the relevant Services.

9.3 The SparkoAI Privacy Policy describes in detail how we collect, use, disclose, store, retain, and delete personal data, including face-containing photos and videos. In the event of any inconsistency between this Agreement and the Privacy Policy regarding personal data handling, the Privacy Policy will control.

10. Disclaimer

10.1 To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. We make no express or implied warranties regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, continuity, timeliness, security, non-infringement, or error-free operation.

10.2 You understand and agree that internet services may be affected by many factors. We do not guarantee that the Services will always be available, uninterrupted, delay-free, defect-free, virus-free, or completely secure, or that any errors will be corrected.

10.3 The information, content, recommendations, generated results, or third-party content in the Services do not constitute legal, financial, medical, investment, or other professional advice. You should make independent judgments based on your own circumstances and consult professionals when necessary.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use of or inability to use the Services, or for loss of profits, loss of data, loss of goodwill, business interruption, device damage, or other losses, whether based on contract, tort, strict liability, or other legal theory.

11.2 If applicable laws and regulations do not permit the exclusion or limitation of certain liabilities, the limitations of liability in this Agreement shall apply only to the extent permitted by law and shall not affect any mandatory rights you may have as a consumer.

11.3 Except as otherwise mandatorily required by laws and regulations, our cumulative liability to you arising from this Agreement or the Services shall be limited to the total amount you actually paid to us for the relevant Services during the 12 months before the dispute arose. If you have not paid any fees, the liability cap shall be USD 15.

12. Intellectual Property Complaints

12.1 If you believe that any content in the Services infringes your intellectual property rights or other lawful rights and interests, please contact us at: support@sparkoai.ai.

12.2 When submitting a complaint, please provide, to the extent possible: proof of rights, links or location information of the complained content, an explanation of the infringement, your contact information, proof of identity or authorization, and a statement that you are responsible for the authenticity of the materials. We will handle qualified notices in accordance with law after receipt.

13. Changes to this Agreement

13.1 We may update this Agreement from time to time based on laws and regulations, regulatory requirements, product features, business arrangements, or operational needs.

13.2 For material changes, we will notify you through in-app pop-ups, in-app messages, announcements, emails, or other reasonable methods. The updated Agreement will take effect from the publication date or the effective date stated in the notice.

13.3 If you continue to use the Services after the updated Agreement takes effect, you will be deemed to have accepted the updated Agreement. If you do not agree to the updates, you should stop using the Services.

14. Notices and Contact

14.1 We may send you notices related to the Services through in-app notifications, system messages, announcements, emails, SMS, the contact information you reserve, or other reasonable methods.

14.2 If you have any questions, complaints, suggestions, or rights requests regarding this Agreement or the Services, you may contact us through the following methods:

Contact Email: support@sparkoai.ai

Official Website: https://www.sparkoai.ai/

Operator: NAVIEMU PTE. LTD

Contact Address: Not publicly disclosed. Please contact us by email.

15. Governing Law and Dispute Resolution

15.1 The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be handled in accordance with applicable laws and regulations. This Agreement does not designate the laws of any specific country or region as the exclusive governing law, except where mandatory law provides otherwise.

15.2 Any dispute arising from or in connection with this Agreement or the Services shall first be resolved through friendly negotiation between the parties. If negotiation fails, either party may seek relief before a court, regulator, or other competent authority with jurisdiction under applicable law.

15.3 If mandatory consumer protection laws in your country or region provide otherwise, such mandatory provisions shall not be excluded or limited by this Agreement.

16. Miscellaneous

16.1 You may not transfer any rights or obligations under this Agreement without our prior written consent. We may transfer our rights and obligations under this Agreement within the scope permitted by law due to merger, division, acquisition, asset transfer, business adjustment, or change of operator, and will notify you in a reasonable manner.

16.2 If any provision of this Agreement is deemed invalid, illegal, or unenforceable, it shall not affect the validity of the remaining provisions. The invalid, illegal, or unenforceable part shall be interpreted or replaced within the scope closest to the original intent and compliant with applicable law.

16.3 Our failure to promptly exercise or enforce any right under this Agreement shall not constitute a waiver of such right.

16.4 This Agreement and its supplemental rules constitute the entire agreement between you and us regarding the Services and supersede any prior oral or written agreements between the parties regarding the Services.

NAVIEMU PTE. LTD

SparkoAI

2026.8.17