Terms Of Service

Last updated: 18. 11. 2025

These Terms of Service (“Terms”) govern your access to and use of our mobile applications and websites (the “Services”), provided by SparkyMind Kft. ("we", "us", or "our"). The Terms are a legally binding agreement between you and us.

By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Service.

Table of Contents

• Definitions
• Eligibility to Use the Services
• User Accounts
• Subscriptions, Payments, and Refunds
• Use of the Services
• Intellectual Property Rights
• Third-Party Services
• Privacy and Data Protection
• Disclaimers and Limitation of Liability
• Indemnification
• Termination and Suspension
• Changes to the Terms Of Service
• Governing Law and Dispute Resolution
• Contact Us

Definitions

• Account – Your user account on the Services, which may contain personal information, preferences, and content you upload.
• Company, SparkyMind Kft., we, our, or us – Refers to SparkyMind Kft., 2161 Csomád, Szent István utca 48., the provider and operator of the Services.
• Personal Information / Personal Data – Any information that identifies or can be used to identify you as an individual, including data provided during registration, uploaded content, or information collected automatically.
• Services – Collectively, the websites, mobile applications, and any related online or offline services provided by the company.
• Subscription – means a paid plan that provides access to premium features or content of the Services on a recurring basis (e.g., monthly, annually).
• Payment Method – Refers to the valid form of payment (such as credit card, debit card, or app store billing) provided by a User to pay for a Subscription.
• Third-Party Providers / Service Providers – Entities that provide services on our behalf, such as AI content providers, payment processors, subscription managers, hosting providers, and cloud infrastructure providers.
• User-Generated Content / User Content / Uploaded Content – Any text, files, or other content submitted or uploaded by a user for use within the Services.
• You / User – Any individual using the Services, whether registered or unregistered.
• Terms – Means these Terms of Service, including any updates, modifications, and additional policies incorporated by reference.
• Company Content – The Services, including but not limited to the software (including their source code), features, design, graphics, text, logos, and all other content owned by us.
• Feedback – Suggestions, feedback, or ideas about the Services provided by You.
• App Stores – The Apple App Store and Google Play Store, through which the mobile application may be downloaded and accessed.
• Third-Party Content – Third-party websites, content, products, or services that link to, are linked from, or are used in connection with our Services.

Eligibility to Use the Services

By using the Services, you represent and warrant that all information you submit is truthful and accurate, and you meet these eligibility requirements and have the authority to enter into these Terms.

Age Requirement

You must be at least 18 years old to use the Services without parental supervision. This is required to comply with applicable laws and the terms of third-party services integrated into our app, including but not limited to AI providers (e.g., Google Gemini API Terms of Service).

Children Under 18

Users under 18 years old may use the Services only with parental or guardian consent. They must have the permission of, and be directly supervised by, their parent or guardian to use the Services. Parents or guardians must review and agree to these Terms and are responsible for supervising their child’s use of the Services.

Your parent or legal guardian must authorize your use of the AI features. By allowing you to use the Services, your parent or guardian confirms that they accept these Terms and the applicable third-party terms on your behalf, and that they understand and assume full responsibility for your use of third-party AI providers, including any obligations or consequences arising from such use. For more information, please review the applicable terms: Google Gemini API Terms of Service.

Parental Consent

By allowing a child under 18 to use the Services, the parent or guardian is deemed to have provided parental consent. In doing so, the parent or guardian confirms that:

• They have reviewed and accepted these Terms and our Privacy Policy on their own behalf and on behalf of their child, and authorize the child to use the Services in accordance with them.
• They authorize the child to use the Services in accordance with these Terms and our Privacy Policy. By doing so, the child acts on behalf of the parent or guardian, and the parent or guardian assumes full responsibility for the child’s use of the Services. In compliance with third-party requirements, including but not limited to Gemini API, the Services are not directed to individuals under 18, and any access without required parental consent and supervision is strictly prohibited. Parents or guardians also acknowledge that we are not responsible for compliance with third-party age requirements and are solely responsible for ensuring the child meets any age or other eligibility requirements of such services.
• They accept responsibility for all activity conducted by the child within the Services.

User Accounts

Account Creation

To access certain features of the Services, you may be required to create an Account. When creating an Account, you must provide accurate, complete, and up-to-date information. You agree not to use false information or create an Account on behalf of someone else without their permission.

You may register either by:

• Creating an Account directly with your email and password, or
• Signing in using a third-party login service (such as Google or Facebook).

If you choose to register or log in with a third-party service, you authorize us to access and use certain account information as permitted by that service’s terms and your privacy settings.

Account Responsibilities

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. If you use third-party login, you remain responsible for securing your linked account credentials. You must notify us immediately if you suspect unauthorized use of your Account. We are not liable for any loss or damage resulting from your failure to safeguard your credentials.

Account Restrictions

You may not share, sell, rent, or lease your Account to others. Each Account is intended for personal use only by a single individual.

Account termination

You may delete your Account at any time through the Services or by contacting us. Termination of your Account does not entitle you to any refunds for already paid Subscription fees unless required by applicable law.

Account Suspension or Termination by Us

We reserve the right to suspend or terminate your Account if:

• You violate these Terms,
• We detect fraudulent or abusive activity, or
• Continued use of your Account would cause harm to us, other Users, or third parties.

Upon termination, your right to access the Services will immediately cease.

Subscriptions, Payments, and Refunds

You have the option to purchase subscription plans, that offer an upgraded experience with additional features or functionality for your Account ("Subscription"). We may offer different Subscription plans, which will be described at the time of purchase.

Payment and Billing Terms

You agree to provide a valid, current, complete, and accurate purchase and account information for all Subscriptions purchased through the Services, whether via the Apple App Store, Google Play Store, or Paddle.

App Store Purchases: If you subscribe through Google Play or Apple App Store, billing is handled directly by those platforms in accordance with their terms. Apple Media Services Terms and Conditions, Google Play Terms of Service

Web Purchases (Paddle): If you subscribe through our website, payments are processed by Paddle, our authorized reseller and Merchant of Record. Paddle is responsible for billing, collecting payments, and handling applicable taxes. Paddle's Terms and Conditions

By providing a Payment Method, you authorize Paddle or the relevant app store to charge all applicable fees to that Payment Method.

Automatic Renewals

All Subscriptions automatically renew at the end of the billing cycle (e.g., monthly or annually), unless you cancel before renewal. By subscribing, you authorize recurring charges until you cancel.

Cancellation by User

You may cancel your Subscription at any time through your account settings, the platform where you purchased the Subscription (Google Play, Apple App Store, or Paddle’s customer portal), or by contacting support.

• To avoid being charged for the next billing period, you must cancel your Subscription no later than 24 hours before the start of the next billing cycle. Cancellations made after this time may not prevent the renewal, and you will remain responsible for the applicable charges.
• After you cancel your Subscription, you will continue to have access to all paid features until the end of your current billing period. Your Subscription will not automatically renew after cancellation.
• Account Deletion: If you delete your Account while an active Subscription exists, we will make reasonable efforts to cancel any active subscription purchased on Paddle immediately upon termination, and you will not be entitled to any refund for the remaining period. However, we do not guarantee that the cancellation will be processed immediately or successfully. You are ultimately responsible for ensuring that any subscription is properly canceled through the relevant payment providers. No refund will be issued for any billing period that is not successfully canceled unless required by applicable law.

Cancellation by Us

We may cancel your Subscription plan at any time for any reason, with or without prior notice.

Refund policy

All Subscription fees are non-refundable, except as required by applicable law or by the mandatory refund policies of the platform through which you made the purchase.

App Store Purchases: Refunds, if available, are processed exclusively through the store you purchased from. Please review their applicable terms and request refunds directly through them. Apple Media Services Terms and Conditions, Google Play Terms of Service

Web Purchases (Paddle): Refunds, if available, are subject to Paddle’s refund policy. You may request a refund through Paddle’s support system or by contacting us, and we will coordinate with Paddle to process your request. Paddle's Terms and Conditions

Account Deletion: If you delete your Account while an active Subscription exists, we will make reasonable efforts to cancel any active subscription immediately upon termination, and you will not be entitled to any refund for the remaining period. However, we do not guarantee that the cancellation will be processed immediately or successfully. You are ultimately responsible for ensuring that any subscription is properly canceled through the relevant payment providers. No refund will be issued for any billing period that is not successfully canceled unless required by applicable law.

By purchasing a Subscription, you acknowledge and agree that all payments are final and non-refundable, except where otherwise required by applicable consumer protection laws.

In the European Union, you have a statutory 14-day right of withdrawal for digital services. However, because we provide a free version of the Services that allows you to test the core functionality before purchasing, you expressly agree that by purchasing a Subscription you waive this right of withdrawal.

Price changes

We may change Subscription fees at any time. Any price changes will take effect at the start of your next billing cycle. We will provide notice of such changes within the Services. You accept the new price by continuing to maintain your Subscription after the price change takes effect. If you do not agree to the new fees, you may cancel your Subscription before the changes apply.

Taxes

Unless otherwise stated, all prices are exclusive of taxes (such as VAT). Applicable taxes will be calculated and added at checkout based on your billing information. You are responsible for paying any additional taxes or duties imposed by your jurisdiction.

Free Trials

We may offer free trials for certain Subscription plans. Unless you cancel before the end of the trial period, your Subscription will automatically convert into a paid Subscription, and your Payment Method will be charged the applicable fee. Free trial eligibility is determined by us and we may limit trials to prevent abuse.

Promotions and Discounts

We may occasionally offer promotions, discounts, or special offers for Subscriptions. These promotions may be subject to additional terms and conditions, which will be communicated at the time of the offer. Unless otherwise stated, promotional pricing is valid only for the specified period, plans and cannot be combined with other offers. We reserve the right to modify or withdraw promotions at any time.

Use of the Services

Permitted Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services for personal, non-commercial purposes unless explicitly authorized to do otherwise.

Prohibited Uses

You agree not to:

• Violate the law – including but not limited to criminal or tortious activities, harassment, fraud, trafficking in obscene material, child exploitation, drug dealing, gambling, or other illegal activities.
• Circumvent security or restrictions – bypass, disable, or interfere with security features of the Services, attempt to gain unauthorized access to other accounts, or attempt to circumvent usage limits.
• Impersonate others – attempt to impersonate another user, person, or entity, use another user’s account without permission, or disclose your credentials to a third party.
• Disrupt or interfere – upload or transmit viruses, malware, or harmful code; engage in automated activities (bots, scraping, data mining, or scripts) that interfere with the Services; or create an undue burden on the Services or its infrastructure.
• Abuse other users – harass, threaten, intimidate, or harm other users, or use information from the Services to do so.
• Misuse content – copy, adapt, reproduce, or distribute content from the Services for commercial purposes without permission; remove copyright or proprietary notices; or submit content you do not have rights to.
• Unauthorized commercial use – sell, resell, trade, or otherwise exploit the Services or your account for commercial purposes, or use the Services to advertise or offer goods/services without explicit authorization.
• Improper use of support or reporting tools – submit false reports of abuse or misconduct, or misuse customer support resources.
• Use in violation of laws – use the Services in any manner inconsistent with applicable laws or regulations.

User Content and Responsibilities

If you choose to submit, post, upload, or share content through the Services (“User Content”), you are exclusively responsible for ensuring that:

• You have all rights necessary to submit the content.
• You have the right to grant the licenses described in this part.
• Your content is lawful and does not violate any third-party rights.

By choosing to submit, post, upload, or share User Content, you grant us and our affiliates and service partners a worldwide, perpetual, irrevocable, royalty-free license (with the right to sublicense through multiple tiers) to:

• Store, use, copy, reproduce, process, display, adapt, modify, transmit, and distribute your User Content within the Services, including sharing it with other Users and providing it to third-party services or tools for purposes related to the operation of the Services,
• In any and all media or distribution methods used to provide, improve, or promote the Services,
• Without compensation to you or any third parties.

We take no responsibility for your User Content and are not liable for any use of your content by others. We may remove any content that violates these Terms or is otherwise objectionable, in our sole discretion.

Monitoring and Enforcement

We may, but are not obligated to, monitor the Services for violations of these Terms. We reserve the right to investigate and take appropriate action, in our sole discretion, including removing content, suspending or terminating accounts, reporting matters to law enforcement or other competent authorities, or pursuing legal remedies.

Intellectual Property Rights

The Services, including but not limited to the software (including their source code), features, design, graphics, text, logos, and all other content (collectively, the “Company Content”), are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

Except as expressly permitted in these Terms, you may not:

• Copy, reproduce, distribute, modify, or create derivative works of the Services or Company Content.
• Reverse engineer, decompile, or attempt to extract the source code of the Services.
• Use any trademarks, logos, or branding of SparkyMind Kft. without our prior written consent.

You acknowledge and agree that any unauthorized access, whether intentional or accidental, to our software, source code, or internal systems — such as bypassing security measures, exploiting vulnerabilities, or accessing areas not intended for public use — is strictly prohibited. If you gain such access, you must immediately report the incident to us and cease all access and destroy any copies or derivatives in your possession. You may not copy, distribute, modify, publish, sell, or otherwise exploit any software, source code, or related materials, and any attempt to do so constitutes a material breach of these Terms.

We grant you a personal, limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your own personal, non-commercial use, subject to compliance with these Terms.

All rights not expressly granted to you in these Terms are reserved by our company and its licensors.

Feedback

If you choose to provide us with suggestions, feedback, or ideas about the Services (“Feedback”), you agree that we are free to use such Feedback for any purpose, including improving and developing the Services, without any obligation to compensate you.

Third-Party Services

App Store Terms

If you download the mobile application from the Apple App Store or Google Play Store (collectively, the “App Stores”), your use of the application and any purchases made through the App Stores are also governed by the applicable App Store’s terms and conditions. We are not responsible for the App Stores’ practices, and in case of conflict in terms, the App Store terms may apply. Apple Media Services Terms and Conditions, Google Play Terms of Service

Payment Processors and Subscription Management

Payments for subscriptions may be processed by third-party providers, including Apple, Google, Paddle, and RevenueCat. When you make a purchase, you may be required to agree to the terms and conditions of these providers. We do not control and are not responsible for their practices. Paddle's Terms and Conditions, RevenueCat's Terms and Conditions

Authentication and External Logins

The Services may use authentication systems that allow you to log in or connect using third-party accounts, such as Google or Facebook. If you choose to use such integrations, you authorize us to access certain information from those accounts as described in our Privacy Policy. Your use of third-party integrations is also subject to the third party’s own terms and privacy policies.

AI and Machine Learning Providers

Certain features of the Services rely on third-party artificial intelligence providers, including but not limited to Google’s Gemini API. By using these features, you acknowledge and agree that:

• You are solely responsible for complying with all applicable terms, policies, and requirements of these third-party providers, including any obligations to defend, indemnify, or hold harmless the provider or its affiliates arising from your use of their services.
• Processing of your content may be subject to the terms and privacy policies of such providers.
• AI-generated results may not always be accurate, complete, or appropriate, and should not be relied upon as professional advice.

We do not control, endorse or guarantee the outputs of these providers and assume no responsibility or liability for their performance, availability, results, or any related consequences.

You agree that we are not responsible for any liabilities, damages, losses, costs, expenses or claims arising from your use of third-party AI providers through our Services or from your failure to comply with their terms.

For more information, you should review the applicable terms: Google Gemini API Terms of Service, Google APIs Terms of Service

Open-Source Software and External Services

The Services may incorporate or rely on open-source software, frameworks, or other external services. Use of such components may be subject to their own open-source licenses or third-party terms. We encourage you to review them, as some licenses may explicitly override these terms.

By using the Services, you agree to accept and comply with all applicable third-party terms, conditions, and licenses.

Disclaimer of Responsibility for Third-Party Content

The Services may provide access to, or contain links to, or are linked from third-party websites, content, products, or services (“Third-Party Content”). We do not own, operate, or control such Third-Party Content and are not responsible for its accuracy, availability, or any consequences of your use. Linking to or from Third-Party Content does not constitute our endorsement or recommendation. You are solely responsible for taking appropriate precautions to protect yourself and your devices from viruses, malware, or other harmful material that may be present on Third-Party Content. We disclaim any liability for any harm, loss, or damage arising from your interaction with Third-Party Content.

Changes to Third-Party Services

We may change, replace, or discontinue third-party services, providers, or integrations at any time without notice. Your continued use of the Services constitutes acceptance of any such changes.

Data Sharing and Privacy

Certain third-party services may receive data from the Services to provide their functionality. Your use of these features is subject to the privacy practices of those providers. For information on how we handle your data, please refer to our Privacy Policy.

No Warranties for Third-Party Services

We do not warrant or guarantee the performance, availability, or results of any third-party services or integrations. You acknowledge that all third-party services are provided “as is,” and you use them at your own risk.

Privacy and Data Protection

Any use of the Services is also governed by our Privacy Policy, which explains how we collect, store, use, share and protect information about you when you access or use our Services. By using the Services, you acknowledge and agree to the terms of our Privacy Policy.

DMCA policy

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us via our support. Upon receipt of a proper notice, we will respond appropriately, which may include removing or disabling access to the infringing content.

We may terminate or restrict access to accounts of users who are found to be repeat infringers of copyright or other intellectual property rights. In such cases, we are not obligated to provide any refund for previously paid amounts.

Disclaimers and Limitation of Liability

Service Provided “As Is”

The Services are provided on an “as is” and “as available” basis, without representations, warranties, or conditions of any kind, whether express, implied, legal, or statutory. Without limiting the foregoing, our company specifically disclaims any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

We do not warrant that the Services will be uninterrupted, error-free, secure, current, complete, or free of harmful components. We do not control or take responsibility for:

• Content uploaded by users,
• Content or outputs generated by AI or other automated processes, or
• The actions or services of third-party providers (including but not limited to authentication providers, payment processors, subscription management providers, AI providers, or open-source libraries).

Your access to and use of the Services is at your own discretion and risk. You will be solely responsible for any damage to your device or system or loss of data resulting from such use.

Services Availability and Changes

We reserve the right to change, modify, update, suspend, remove or discontinue all or part of the Services at any time, for any reason, and without prior notice. We have no obligation to maintain, update, or provide corrections or new features, and we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

The Services may be unavailable at times due to maintenance, technical issues, or third-party service interruptions. You acknowledge that we do not guarantee continuous or uninterrupted access, and you agree that we are not liable for any loss, damage, or inconvenience resulting from downtime, errors, or unavailability of the Services.

Limitation of Liability

To the maximum extent permitted by law, we, our affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or use, arising out of or in connection with these Terms or your use of the Services, even if advised of the possibility of such damages.

In jurisdictions where certain exclusions or limitations under these Terms are not permitted by law, you may have additional rights as provided by applicable law. In such jurisdictions, however, to the maximum extent permitted by law, our total liability to you shall not exceed the amount you have paid to us in the six (6) months preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses arising out of or related to:

• Your use of the Services, including but not limited to any User Content you submit, post, upload, or share.
• Your violation of these Terms, including but not limited to any breach of your representations, warranties, or obligations.
• Your violation of any applicable laws or regulations, including but not limited to intellectual property, privacy, and data protection laws.
• Your infringement of any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights.
• Your misuse of the Services, including but not limited to attempts to bypass security features, copy or reverse engineer the software (including their source code), or interfere with the normal operation of the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

This indemnification obligation will survive termination or expiration of your account or access to the Services.

Termination and Suspension

Termination by You

You may terminate your account at any time by following the account deletion process within the Services or by contacting us. Termination of your account will:

• Immediately deactivate your access to the Services, including all User Content and personalized settings.
• Remove all your Personal Information and User Content from our active servers, although copies may remain in backup storage for a limited period as described in our Privacy Policy.
• We will make reasonable efforts to cancel any active subscription purchased on Paddle immediately upon termination. However, we do not guarantee that the cancellation will be processed immediately or successfully. You are ultimately responsible for ensuring that any subscription is properly canceled through the relevant payment providers. No refund will be issued for any billing period that is not successfully canceled unless required by applicable law.

Termination by Us

We may suspend or terminate your account, or restrict access to the Services, at its sole discretion, including but not limited to:

• Violation of these Terms or any applicable law or regulation.
• Misuse of the Services, including attempts to circumvent security features, copy or reverse engineer the software (including their source code), or interfere with the normal operation of the Services.
• Non-payment or fraudulent payment activity.

Termination or suspension may be immediate and without prior notice. We are not liable to you or any third party for any loss or damage arising from such suspension or termination.

You are solely responsible for ensuring that any subscription is properly canceled through the relevant payment providers. No refund will be issued for any billing period that is not successfully canceled unless required by applicable law.

Effect of Termination

Upon termination or suspension of your account:

• Your right to access and use the Services immediately ends.
• All licenses granted to you under these Terms, including any license to use our software, will terminate.
• You are solely responsible for canceling any active subscriptions through the relevant payment providers. We do not guarantee that subscriptions will be automatically canceled and are not responsible for any charges that occur if you fail to cancel.
• We may retain certain information after your account is terminated or suspended for legal, regulatory, or legitimate business purposes. This may include, but is not limited to, record-keeping, fraud prevention, legal compliance, resolving disputes, enforcing our Terms, and retaining backups of data necessary for the operation, security, or integrity of the Services.

Changes to the Terms Of Service

We may revise the Terms Of Service from time to time to reflect changes in the Services, legal requirements. Any updates will take effect when the revised Terms Of Service is published on the Services.

We encourage you to review the Terms Of Service periodically. Continued use of the Services after any changes constitutes your acceptance of the updated terms.

Governing Law and Dispute Resolution

Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict of law principles.

Any and all disputes arising from the use of our services shall be governed by the exclusive jurisdiction of the Competent Hungarian Courts based on our registered seat.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved with us informally, through good faith negotiations. You agree to first contact us and attempt to resolve the dispute informally by providing written notice of your claim. We will make reasonable efforts to resolve the issue within a reasonable timeframe.

If we are unable to resolve the dispute informally, the dispute shall be governed by the Governing Law section and submitted to the competent Hungarian courts.

Waiver of Class Actions

To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

Contact Us

If you have any questions about the Terms Of Service or wish to exercise any of your rights under applicable privacy laws, you may contact us by email: