Terms and Conditions

1. Introduction and Definitions

1.1 About Spark

Spark is an AI-powered platform operated by TriaLabs LLP ("Company", "we", "us", or "our"). Spark transforms teaching recordings (videos, audio) into structured learning experiences including courses, study notes, quizzes, and an AI tutor.

1.2 Service Description

The "Services" or "Platform" refers to:

• The Spark website accessible at sparktutor.ai and related domains
• AI-powered content processing that transforms recordings into structured courses
• Course delivery platform for teachers and students
• Payment processing and subscription management for teachers
• Student portal for accessing courses, quizzes, and AI tutor
• Live class scheduling and recording management
• Related tools, features, and documentation

1.3 Key Definitions

• "Teacher" or "Educator": Any user who creates an account to upload content, create courses, and deliver educational services through Spark
• "Student" or "Learner": Any user who enrolls in courses or accesses learning content created by Teachers
• "Content": Videos, recordings, documents, images, and other materials uploaded to or created through Spark
• "AI Services": Automated features including transcription, chapter creation, note generation, quiz creation, and AI tutor responses
• "Account": The registered user profile for accessing Spark

1.4 Beta Service Notice

Spark is currently in beta/early access phase. This means:

• Features and functionality may change without prior notice
• The service may experience downtime or interruptions
• Some features may not work as expected
• We do not provide service level agreements (SLAs) during beta
• We may add, modify, or remove features as we develop the product

By using Spark during beta, you acknowledge these limitations and agree to provide feedback to help us improve the service.

2. Acceptance of Terms

2.1 Agreement to Terms

By creating an account, accessing, or using any part of Spark, you agree to:

• Be bound by these Terms and Conditions
• Comply with our Privacy Policy (available at privacy.html)
• Follow all applicable laws and regulations
• Use the service only for lawful educational purposes

2.2 Capacity to Agree

By using Spark, you represent that:

• You are at least 13 years of age
• If you are between 13 and 18 years old, you have obtained verifiable parental or legal guardian consent to use Spark
• If you are under 13, you may not use Spark under any circumstances
• You have the legal capacity to enter into this agreement
• If registering on behalf of an organization, you have authority to bind that organization

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. When we do:

• We will update the "Last updated" date at the top of this page
• Material changes will be notified via email or prominent notice on the Platform
• Continued use after changes constitutes acceptance of the updated Terms
• If you do not agree to changes, you must stop using Spark and may close your account

3. User Accounts

3.1 Account Registration

To use Spark's core features, you must create an account by providing:

• Accurate and complete registration information
• A valid email address
• A secure password
• Any additional information required for payment processing (for Teachers)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains accurate and up-to-date

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Types

Teacher Accounts:

• Require a paid subscription to access course creation features
• Allow uploading content and creating courses
• Enable setting pricing and managing student enrollments
• Provide access to analytics and reporting

Student Accounts:

• Free to create
• Require payment to Teacher (not to Spark) to access paid courses
• Provide access to enrolled courses, materials, and AI tutor

3.4 Account Termination

You may close your account at any time through account settings. We may suspend or terminate accounts that:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Upload prohibited content
• Abuse or misuse the Platform
• Fail to pay required subscription fees (for Teachers)

4. Content Rights and Licenses

4.1 Your Content Ownership

You retain full ownership of all content you upload to Spark, including:

• Video and audio recordings
• Course materials, documents, and images
• Descriptions, titles, and metadata you create

Spark does not claim ownership of your original content.

4.2 License You Grant to Us

By uploading content to Spark, you grant us a limited, non-exclusive, royalty-free license to:

• Process your content using AI to generate transcripts, chapters, notes, quizzes, and tutor responses
• Store and display your content and AI-generated materials to your students
• Transmit and distribute your content through our Platform
• Create backups and derivative works necessary to provide the Services

This license exists only to operate and improve Spark. It terminates when you delete content, except for:

• Copies retained in standard backup systems (deleted within 90 days)
• Content that students have saved for offline access (until they delete it)

4.3 AI-Generated Content Ownership

Content automatically generated by Spark's AI (notes, quizzes, tutor responses) is considered:

• Derivative works based on your original content
• Licensed to you for use in connection with your courses
• Your responsibility to review, edit, and approve before publishing to students

You may use AI-generated materials freely within Spark. If you export and use them outside Spark, you accept full responsibility for their accuracy and appropriateness.

4.4 No Training on Your Content

Important commitment: We do NOT use your uploaded content or student data to train our AI models or improve our services beyond your specific courses. Your teaching content remains private to you and your students.

4.5 Content Representations and Warranties

You represent and warrant that all content you upload:

• Is owned by you or you have necessary rights and licenses
• Does not infringe any third party intellectual property, privacy, or other rights
• Does not violate any applicable laws or regulations
• Does not contain malware, viruses, or harmful code
• Complies with the Prohibited Content guidelines (Section 5)

5. Acceptable Use and Prohibited Content

5.1 Acceptable Use

Spark is intended for legitimate educational purposes. You agree to:

• Use the Platform only for creating and accessing educational content
• Provide accurate information when creating accounts and courses
• Respect the intellectual property rights of others
• Maintain a respectful learning environment
• Comply with all applicable laws and regulations

5.2 Prohibited Content

You may not upload, publish, or transmit content that:

• Infringes intellectual property rights (copyright, trademark, etc.)
• Is illegal, fraudulent, or promotes illegal activity
• Contains hate speech, harassment, or discrimination
• Is pornographic, sexually explicit (except legitimate sex education)
• Promotes violence, self-harm, or dangerous activities
• Contains malware, viruses, or malicious code
• Violates privacy or publicity rights of others
• Is false, misleading, or deceptive
• Constitutes spam or unsolicited advertising

5.3 Prohibited Activities

You may not:

• Attempt to gain unauthorized access to any part of Spark
• Interfere with or disrupt the Platform or servers
• Use automated tools (bots, scrapers) without permission
• Reverse engineer or attempt to extract source code
• Circumvent any access controls or security measures
• Resell or redistribute Spark services without authorization
• Use Spark to compete with or harm our business
• Impersonate others or misrepresent your identity or affiliation

5.4 Enforcement

We reserve the right to:

• Remove or refuse to process content that violates these Terms
• Suspend or terminate accounts of repeat violators
• Report illegal activity to law enforcement
• Preserve evidence of violations for legal proceedings

We are not obligated to monitor all content but may review content reported by users or flagged by automated systems.

6. AI Services and Limitations

6.1 How AI Services Work

Spark uses artificial intelligence to:

• Transcribe audio and video content
• Identify chapters and logical section breaks
• Generate study notes from your teaching
• Create quiz questions based on course content
• Power an AI tutor that answers student questions using your course materials
• Extract slides and key frames from videos

6.2 "As-Is" Basis for AI-Generated Content

AI-generated content is provided "AS IS" without warranties of any kind. Specifically:

• Accuracy: AI-generated notes, quizzes, and tutor responses may contain errors, inaccuracies, or misinterpretations
• Completeness: AI may miss important concepts or fail to capture nuances in your teaching
• Appropriateness: Generated content may not always match the tone, level, or context you intended
• Hallucinations: The AI tutor may occasionally generate plausible-sounding but incorrect information not present in your course

6.3 Teacher Responsibility to Review

As a Teacher, you are responsible for:

• Reviewing all AI-generated content before publishing to students
• Editing or regenerating content that doesn't meet your standards
• Verifying accuracy of notes, quiz questions, and explanations
• Monitoring AI tutor responses and providing corrections when needed
• Not blindly relying on AI-generated content without human oversight

6.4 Grounding and Constraints

We design our AI services to:

• Stay grounded in your actual course content
• Cite sources when answering student questions
• Acknowledge when information isn't available in the course
• Flag content for review when confidence is low

However, these constraints are not perfect. AI systems can make mistakes, and you remain ultimately responsible for the educational accuracy of your courses.

6.5 No Liability for AI Errors

We are not liable for:

• Inaccuracies in AI-generated notes, quizzes, or tutor responses
• Student confusion or harm resulting from AI errors
• Educational outcomes affected by AI-generated content quality
• Decisions you or your students make based on AI-generated information

Your use of AI Services is at your own risk. Always review and verify AI-generated content.

7. Payment Terms

7.1 Teacher Subscription Fees

Teachers must pay a subscription fee to access Spark's course creation features:

• Fees are charged monthly or annually as selected
• Current pricing is available at pricing.html
• Fees are non-refundable except as required by law
• We may change fees with 30 days advance notice

7.2 Student Payments to Teachers

When students pay for courses:

• Payments go directly to the Teacher's connected payment account (Stripe or RazorPay)
• Spark facilitates payment processing but does not hold funds
• Teachers set their own pricing and refund policies for students
• Payment processor fees apply (Teachers can pass these to students or absorb them)

7.3 Payment Processing

Teachers must connect either:

• Stripe for global payment processing, or
• RazorPay for payment processing in India

By connecting a payment processor, you agree to:

• Comply with the payment processor's terms of service
• Provide accurate banking and tax information
• Handle student refunds according to your stated policies
• Pay any applicable taxes on your earnings

7.4 Subscription Management

For student subscriptions to Teacher courses:

• Subscriptions automatically renew unless cancelled
• Students can cancel anytime through their account
• Access continues until the end of the paid period after cancellation
• Teachers may pause or extend subscriptions at their discretion

7.5 Taxes

You are responsible for:

• All taxes on your subscription fees (Teachers) or course earnings (Teachers)
• Providing any required tax documentation
• Collecting and remitting sales tax or VAT on student payments where required

We may collect taxes only where legally required to do so.

8. Privacy and Data Protection

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, available at privacy.html. By using Spark, you consent to our privacy practices.

8.2 Student Data

Teachers who use Spark to teach students are responsible for:

• Obtaining necessary consents for collecting student data
• Complying with applicable education privacy laws (such as FERPA in the US)
• Informing students about data collection and use
• Protecting student privacy and confidentiality

8.3 Data Security

We implement reasonable security measures to protect your data, but:

• No system is completely secure
• You are responsible for choosing strong passwords and protecting your account
• We are not liable for unauthorized access resulting from your actions

8.4 Compliance Limitations

Important: Spark is currently NOT certified compliant with:

• GDPR (European data protection requirements)
• FERPA (US educational privacy standards)
• COPPA (US children's privacy protection)
• Other specific data protection regimes

If your use case requires specific compliance certifications, please contact us before using Spark. We are working toward compliance but cannot guarantee adherence to these standards at this time.

9. Intellectual Property

9.1 Spark's Intellectual Property

Spark and its underlying technology, including:

• The website, Platform, and mobile applications
• Software, algorithms, and AI models
• Design, layout, and user interface
• Logo, branding, and trademarks
• Documentation and help materials

are owned by TriaLabs LLP and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works
• Reverse engineer or decompile
• Remove copyright or trademark notices
• Use our trademarks without permission

9.2 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about Spark:

• You grant us unlimited rights to use them without compensation
• We have no obligation to implement your suggestions
• You waive any ownership claims to implemented features based on your feedback

10. Disclaimers and Limitations of Liability

10.1 Service Provided "AS IS"

SPARK IS PROVIDED "AS IS" AND "AS AVAILABLE" 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
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties regarding accuracy, reliability, or quality of AI-generated content
• Warranties that defects will be corrected

10.2 Educational Outcomes Disclaimer

We do not guarantee:

• Student learning outcomes or academic success
• That courses created with Spark will meet any educational standards
• The quality or effectiveness of teaching content
• That AI-generated materials are pedagogically sound

Educational quality and effectiveness are the responsibility of the Teacher, not Spark.

10.3 Third-Party Services

Spark integrates with third-party services (Stripe, RazorPay, Zoom, Google Meet, etc.). We are not responsible for:

• Availability or performance of third-party services
• Errors, delays, or failures caused by third parties
• Third-party terms of service or privacy policies
• Payment processing failures or disputes

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including:
  • Lost profits, revenue, or business opportunities
  • Loss of data or content
  • Cost of substitute services
  • Loss of reputation or goodwill
• Our total liability for all claims related to Spark shall not exceed the fees you paid to us in the 12 months preceding the claim, or $100 USD if no fees were paid
• These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, etc.) and even if we were advised of the possibility of such damages

10.5 Beta Service Limitations

During beta/early access:

• Service availability and performance are NOT guaranteed
• We may change, suspend, or discontinue features without notice
• Data loss is possible; maintain your own backups
• We provide no service level agreements (SLAs)

11. Indemnification

You agree to indemnify, defend, and hold harmless TriaLabs LLP, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of Spark in violation of these Terms
• Your content or teaching materials uploaded to Spark
• Infringement of third-party intellectual property or privacy rights
• Violation of any laws or regulations
• Your relationship with your students (payment disputes, educational disputes, etc.)
• AI-generated content you published without proper review
• Any false, misleading, or inaccurate information you provided

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in settings, or
• Contacting our support team

Upon termination:

• Your access to Spark will cease immediately
• Your subscription fees are non-refundable (except as required by law)
• You remain responsible for any student obligations (courses already sold)

12.2 Termination by Us

We may suspend or terminate your account:

• Immediately for serious violations (illegal content, fraud, security threats)
• With notice for other violations or non-payment
• At our discretion if we discontinue Spark or certain features

12.3 Effect of Termination

Upon termination of your account:

• Your content may be deleted (we may retain backups for up to 90 days)
• Students may lose access to your courses (unless you provide access elsewhere)
• You must cease all use of Spark
• Provisions of these Terms that should survive termination will continue to apply (liability limitations, indemnification, etc.)

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal claim, you agree to:

• Contact us at support@sparktutor.ai to attempt to resolve the dispute informally
• Provide a detailed description of the dispute and desired resolution
• Allow us 30 days to investigate and respond

13.2 Arbitration Agreement

If informal resolution fails, disputes shall be resolved through binding arbitration rather than court litigation, except:

• Claims for intellectual property infringement
• Claims that may be brought in small claims court
• Claims for injunctive relief for violations of intellectual property or confidentiality

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive the right to participate in class actions, class arbitrations, or representative actions.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TriaLabs LLP regarding Spark.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to reflect the parties' intent as closely as possible.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, wars, pandemics, internet outages, or third-party service failures.

15.6 Notices

Legal notices must be sent to:

TriaLabs LLP
B402, Mahaveer Riviera
JP Nagar 5th Phase
Bengaluru, Karnataka 560078
India
Email: support@sparktutor.ai

We may provide notices to you via email at the address you provided during registration.

16. Contact Information

For questions about these Terms or Spark services:

• Email: support@sparktutor.ai
• Website: sparktutor.ai