First updated: June 16, 2023

The SparkTraffic.io service (“Service”) is to provide businesses and individuals access to services and resources related to website traffic, search engine optimization, and social media services like youtube, Instagram, or any other services related to social media. The Service includes the website at SparkTraffic.io (“Site”) and incorporates any related website controlled by the Company. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service.

You may access the Site as a user (“User”) with or without creating an account. While access to certain components of the Site and selected features of the Service is free, the Company reserves the right to charge fees for features and benefits associated with the Site or Service at any time and without notice.

A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber” or “Buyer” in this Agreement. As a Subscriber, you must agree to the payment terms, Terms of Use, and Privacy Policy presented to you at the time you sign up on the Site.

Your access to the Site and Service is expressly conditioned on your compliance with these Terms of Use, the Privacy Policy, and any applicable laws.

Company reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms, or for any other reason and without notice.

For the purposes of this Terms of Use, Users, and Subscribers may be referred to as “you”, and the Terms of Use may be referred to as the “Agreement” or the “TOU”. The TOU is a legally binding contract between the Company and you; the Company may be also be referred to as “SparkTraffic.io” in this Agreement. The Privacy Policy and any other Subscriber agreements, if applicable, are incorporated into this Agreement by reference.

Conditions Governing All Users

• The Service is available only to Users who are human (not bots) and 14 years of age or older, and Users who are also Subscribers must be at least 18 years old.
• The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
• The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
• The Service is available only to those with a valid email address.
• The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
• Users agree to inform SparkTraffic.io immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.

Conditions Governing Subscribers (also referred to as “Buyers” or “you”)

If you purchase any SparkTraffic.io service package you are subject to the following terms and conditions related to your purchase.

Credits: Credits are used to create campaigns, and can be purchased from the Buy section of the relavant service in the user portal. Credits do not expire. No refunds will be issued for any remaining credits in the user’s account.

Free Credits:  Free Credits can be redeemed by a user based on availability and by viewing the ads available in the free credit section.

No Refunds: You understand that SparkTraffic.io assumes costs immediately for delivering the services and acknowledge that as a result no partial or complete refunds will be issued by SparkTraffic.io to you at any time, for any reason, once you have made a payment for SparkTraffic.io services.

Taxes: You are responsible for all taxes associated with your purchase of SparkTraffic.io services (such as sales tax), and such taxes will be in addition to the fees quoted.

Cancellation: You may cancel your account at any time. Should you wish to cancel, you can do so through your account or by contacting us via email. You will continue to have access to the Site and Service until the end of your campaign term. Any unused credits in your account will expire. 

Service Limitations

SparkTraffic.io may establish limits concerning the use of the Service at its discretion, including, by way of example, the frequency with which you may access the Service. SparkTraffic.io reserves the right to modify or discontinue the Service (or any part or feature thereof) at any time without notice. You agree that SparkTraffic.io shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

To ensure that no system outage occurs and there is no abuse of the Service (either by manual use or using automatic access), the Company may use its discretionary right to limit or restrict the access whenever it considers, at its sole discretion, that the Service is used abusively. Also, the Company is free to conduct any investigation on this matter and determine the reasons for the improper use and take any decisions on this matter.

Trademarks; Copyrights; Proprietary Rights

SparkTraffic.io owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (“SparkTraffic.io Content”).

SparkTraffic.io also owns the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with the SparkTraffic.io Content, the Site, and Service, which are protected by applicable intellectual and proprietary rights and laws.

Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SparkTraffic.io Content in whole or in part except as expressly authorized in writing by SparkTraffic.io . SparkTraffic.io does not grant any express or implied rights in SparkTraffic.io Content to Users, and all rights in and to the Site and SparkTraffic.io Content are retained and reserved by SparkTraffic.io.

Moreover, the term SparkTraffic.io and anything on the site that identifies or distinguishes SparkTraffic.io from other goods and services are registered or unregistered trademarks of the Company (the “SparkTraffic.io Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the SparkTraffic.io Trademarks without the Company’s prior written consent.

Copyright Infringement

If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify SparkTraffic.io at [email protected].

You must provide all of the following in writing: You must identify the copyrighted work that you claim has been infringed (or if there are multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing, provide enough detail so that SparkTraffic.io may locate it, provide a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit SparkTraffic.io to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.

Upon receipt of notice as described above, SparkTraffic.io will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.

User Indemnification of SparkTraffic.io for Certain Actions

Users agree to indemnify and hold SparkTraffic.io and its affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit or make available through the Service, (ii) your unauthorized use of the Site or Service, (iii) your connection to or use of the Service, or (iv) your violation of the Terms Of Use, or (v) your violation of any rights of another including but not limited to another’s copyright or other intellectual property rights.

SparkTraffic.io Warranties and Limitations

SPARKTRAFFIC.IO AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS CONCERNING YOUR USE OF THE SERVICES. You understand that use of the services is at your own risk and that we provide the services on an “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. SPARKTRAFFIC.IO DOES NOT WARRANT THAT SITE OR SERVICES WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET ANY SPECIFIC REQUIREMENTS OF A USER OR SUBSCRIBER, AND MAKES NO GUARANTEES AS TO THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Limitation of Liability

You acknowledge that SparkTraffic.io cannot provide the Service at a fair price without limiting its liability as set forth herein. Thus, as an express condition of use of the Site or Service, you agree to limit SparkTraffic.io’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the agreement between SparkTraffic.io and you as a User.

SparkTraffic.io does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will SparkTraffic.io or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKTRAFFIC.IO BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, INVASION OF PRIVACY AND DEFAMATION] OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, OR GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SERVICE.

Some states, provinces, and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from SparkTraffic.io or any affiliates, direct damages up to an amount equal to your Services fee for the month during which the breach occurred. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything o Reservation of rights

Reservation of Rights

SparkTraffic.io reserves all rights not expressly granted in these terms of use. No additional rights (including implied licenses, rights, or covenants) are granted by implication, estoppel, or otherwise. Any claims related to these Terms, the Services, or the software related to the Services.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.

Miscellaneous Clauses

Electronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.

Notices. If SparkTraffic.io must send you additional information regarding the Site or Service or in connection with this Agreement, you consent to receive this information electronically. SparkTraffic.io may provide the required information to you by email at any address you registered with the Site or Service or via the Site or Service itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. SparkTraffic.io is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.

Additional Rights and Obligations. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. SparkTraffic.io may assign rights or delegate duties under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.

Cookie usage. When using the app, you agree to our use of cookies for delivering the service.

Entire Agreement. The Terms Of Use (along with the Privacy Policy, and any Subscriber agreement or other agreement incorporated by reference) constitutes the entire agreement between you and SparkTraffic.io and govern your use of the Site or Service, superseding any prior agreements between you and SparkTraffic.io (including, but not limited to, any prior versions of the Terms Of Use).

Any questions or legal issues with respect to this agreement should be addressed to [email protected].