Effective Date:  April 3, 2024

Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using the Sparkle Revolution mobile application (“app”, “service”) operated by Sparkle Revolution, LLC (“us”, ‘we”, “our”).

Conditions of use

By using this app, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the app accordingly. Sparkle Revolution, LLC only grants use and access of this app, its products, and its services to those who have accepted its terms.

Communications

By creating an Account on our service, you agree to subscribe to occasional newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Privacy policy

Before you continue using our app, we advise you to read our privacy policy https://www.Sparkle Revolution.com/privacy-policy regarding our user data collection. It will help you better understand our practices.

We maintain the right to store certain data that you have transmitted by the use of the app or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the app and any of its services. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.

Payments

1. Subscriptions. The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis at the beginning of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.

2. Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle you to a refund for any prior payments made.  The cancellation of a subscription will terminate access to the app immediately and any user data will be treated according to the Privacy Policy.  The subscription may be canceled in the ‘Manage Your Account’ section of the app or by sending us an email at accounts@sparklerevolution.com.

3. Fee Changes. If any changes occur to the subscription amount, you will be given notice of at least one (1) month prior to the next billing cycle prior to the change taking effect. Notice will be provided by email on your registered account or profile.

4. Free Trials. Any free trial, sample, or other abridged versions of our services that are offered shall be considered a one (1) time use based on the registration of a user’s email. It is strictly prohibited for a user to create and register more than one (1) email solely to access another free trial of the app.

5. Refund Policy. Except when required by law, payments made by a user are not refundable by the company. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of the company.

Access

As a user of this app, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the app, inform us immediately so we may address them accordingly.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

If you are located outside of the United States, you verify that:

1. You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; or

2. You are not listed on any U.S. government list of prohibited or restricted parties;

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Age Restrictions

When you create an account with us, you guarantee that you are above the age of 18, you may legally adhere to this Agreement, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

1. Minors (under the age of 18).

If any user is a minor in the jurisdiction where they reside, they must obtain permission from their parent or guardian to use the Service. If a minor accesses the website or application, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the app.

1. Children (under the age of 13).

If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the app. Furthermore, this Agreement allows the protections mentioned under the Children’s Online Privacy Protection, specifically, 15 U.S. Code § 6502.

Sparkle Revolution, LLC assumes no responsibility for liabilities related to age misrepresentation.

We do not claim that the app’s content is appropriate or suitable for you or any visitor. No information, data, or information provided on the app is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to legal liability of any type. Any such access or use of the app is to be utilized on your own initiative, and you are solely responsible for any legal compliance.

Intellectual property

You agree that all materials, products, and services provided on this app are the property of Sparkle Revolution, LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Sparkle Revolution, LLC’s intellectual property in any way, including electronic, digital, or new trademark registrations.

The Service and its original content, features and functionality are and will remain the exclusive property of Sparkle Revolution, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sparkle Revolution, LLC.

3rd Party Content and Websites

Our app or website may contain links to 3rd party websites, services, or references that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such a 3rd party website, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claims.

We advise you to read the terms and conditions and privacy policies of any 3rd party web sites or services that you visit.

Termination

We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the app and/or services will cease immediately.

If you wish to terminate your relationship with us, such termination can be made by canceling your account in the app.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Sparkle Revolution, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of

1. Your use and access of the Service, by you or any person using your account and password

2. A breach of these Terms

3. Content posted on the Service

4. Not able to use the app, website, or any of our services

Limitation of liability

Sparkle Revolution, LLC is not liable for any damages that may occur to you as a result of your misuse of our app.

Sparkle Revolution, LLC reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Sparkle Revolution, LLC and the user, and this supersedes and replaces all prior agreements regarding the use of this app. 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Sparkle Revolution, LLC its subsidiaries, affiliates, and its licensors do not warrant that 

1. The Service will function uninterrupted, secure or available at any particular time or location

2. Any errors or defects will be corrected

3. The Service is free of viruses or other harmful components

4. The results of using the Service will meet your requirements

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.

Medical Disclaimer

The app is provided for informational purposes only and is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;

1. Sparkle Revolution is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;

2. Sparkle Revolution does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;

3. Sparkle Revolution is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the app;

4. You should always consult a medical professional if you have any questions regarding a medical condition; and

5. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the app.

Not all activities described as part of the app are suitable for everyone. Do not use the app while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the app.

Governing Law

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Dispute Resolution

If you should raise any dispute about the app, its content, or any of the services offered, it is required first to attempt to resolve the dispute formally by contacting us.

1. Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be shared equally by both parties.

2. Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.

We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Copyright Policy

It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.

If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by email at legal@sparklerevolution.com and include a detailed description of the alleged infringement.

If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the app (“submissions”) provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted in the app, it becomes our exclusive property along with all intellectual property rights, which we may use for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By posting your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.

Electronic Means

When accessing the Application or any of its services, sending emails, online forms, esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Miscellaneous

This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.

If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language. 

It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the app, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto. 

If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.