Terms of Service

1. Eligibility

To use Sparke Marke, you must:

• Have the authority to create an account and agree to these Terms on behalf of yourself or your organization.
• Comply with all applicable laws and regulations.

If you are under 18, you represent that you have obtained consent from a parent, guardian, or teacher to use the Service.

2. Accounts and Access

You may be required to create an account to access certain features of Sparke Marke. You agree to:

• Provide accurate and complete information during registration.
• Keep your login credentials confidential.
• Be responsible for all activity under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or are otherwise deemed fraudulent or harmful.

3. Service Description

Sparke Marke provides an online platform that enables:

• Students to input academic scores, visualize progress, and track growth over time.
• Teachers to view and analyze student performance data.
• Users to access analytics and educational insights for instructional improvement.

We continually improve and modify the Service and may add or remove features at our discretion.

4. Payments and Subscriptions

Some features of Sparke Marke may require payment (“Paid Services”). By purchasing or subscribing to Paid Services, you agree to:

• Provide current, complete, and accurate payment information.
• Authorize us to charge your chosen payment method for all applicable fees.
• Understand that all payments are non-refundable except as required by law.

We may change pricing at any time, but such changes will not affect existing subscriptions until renewal.

5. Data Use and Privacy

Our collection and use of personal information are governed by our Privacy Policy, which forms part of these Terms.

By using the Service, you consent to our handling of data, including student and teacher information, as described therein.

We comply with applicable U.S. privacy laws, including the Children’s Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA), where applicable.

6. User Content

You may upload, input, or otherwise submit data (“User Content”) such as scores or educational information.

You retain ownership of your User Content, but grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, and display such content solely for operating and improving the Service.

You represent and warrant that you have the necessary rights to upload the content and that it does not infringe any third-party rights or laws.

We reserve the right to remove or restrict access to any User Content that violates these Terms.

7. Acceptable Use

You agree not to:

• Use the Service for unlawful or harmful purposes.
• Attempt to gain unauthorized access to other accounts or systems.
• Interfere with or disrupt the integrity of the platform.
• Upload malicious code or misuse data.

We may suspend or terminate your account for any prohibited behavior.

8. Intellectual Property

All content, design, software, and materials available on the Service (excluding User Content) are owned by Sparke Marke or its licensors and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works without our prior written consent.

9. Third-Party Services

Our Service may link to or integrate with third-party platforms or services. We are not responsible for the content, policies, or practices of those third parties.

Your use of third-party services is governed by their own terms.

10. Termination

We may suspend or terminate your account or access to the Service at any time, without notice, for conduct that we believe violates these Terms or is harmful to Sparke Marke or others.

Upon termination, your right to use the Service will immediately cease. Certain provisions, including intellectual property and limitations of liability, will survive termination.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that the Service will be error-free, secure, or uninterrupted.

12. Limitation of Liability

To the fullest extent permitted by law, Sparke Marke and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service.

Our total liability for any claim arising under these Terms will not exceed the amount paid, if any, by you to use the Service during the twelve (12) months preceding the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Sparke Marke, its officers, directors, employees, and affiliates from any claims, damages, liabilities, or expenses arising out of your use of the Service, your content, or your violation of these Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to conflict of law principles.

Any disputes will be resolved in the state or federal courts located in Clearfield, Utah, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms at any time. Updated Terms will be posted on this page with a revised effective date.

Your continued use of the Service after such changes constitutes acceptance of the new Terms.

16. Contact Us