Terms of Service for Sparky Notes Smart Editor

Last Updated: May 31, 2024

Please read these Terms of Service ("Terms") carefully before using the Sparky Notes Smart Markdown Editor ("the App") developed and operated by Brain Dance Designs LLC ("us," "we," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you are 13 years of age or older and have the legal capacity to enter into a binding contract.

License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App for your personal, non-commercial use on devices that you own or control.

App Features

The App allows you to:

  • Open and save files locally on your device.
  • Upload assets, such as photos and videos, to the cloud for use in your Markdown files.
  • Connect to third-party cloud photo storage services.
  • Use OpenAI's AI services for spellcheck, grammar, proofreading, enhancement, formatting, general requests, and image generation.

User Responsibilities

You are responsible for:

  • Maintaining the security of your account and password.
  • Keeping your account information up to date.
  • Complying with these Terms and all applicable laws.
  • Using the App in a manner consistent with its intended purpose.
  • Notifying us immediately of any unauthorized use of your account or any other breach of security.

Transactional Messages

By using the App, you are opting in to receive transactional messages, such as verification codes and password resets, via SMS or email. These messages are essential for the operation and security of your account.

Prohibited Conduct

You agree not to:

  • Use the App for any illegal or unauthorized purpose.
  • Use the App to violate any laws in your jurisdiction.
  • Use the App to infringe upon the intellectual property rights of others.
  • Use the App to harass, abuse, or harm others.
  • Use the App to upload or transmit viruses or other malicious code.
  • Use the App to collect or track the personal information of others.
  • Use the App to spam, phish, or pharm.
  • Use the App to impersonate others.
  • Use the App to create or distribute inappropriate content.
  • Use the App to violate the privacy of others.
  • Use the App to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App.

Violation of these Terms may result in the termination of your access to the App.

Third-Party Services

The App integrates with third-party services, such as cloud storage providers and OpenAI. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the content, features, or practices of these third-party services, including any charges or fees associated with their use.

OpenAI Policy

Your use of OpenAI's services through the App is subject to OpenAI's terms of service and privacy policy. By using the App, you agree to comply with OpenAI's policies and acknowledge that we are not responsible for any violations of OpenAI's terms or any consequences resulting from such violations.

No Warranty

The App is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be error-free, uninterrupted, or free from viruses or other harmful components. Your use of the App is at your sole risk.

Limitation of Liability

To the maximum extent permitted by law, in no event shall we, our affiliates, or our respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your access to, use of, or inability to use the App, whether based on warranty, contract, tort (including negligence), or any other legal theory.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your access to, use of, or violation of these Terms or the rights of any third party.

Changes to These Terms

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on this page and updating the "Last Updated" date at the top of this page. We encourage you to review these Terms periodically to stay informed about our terms and conditions. Your continued use of the App after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms.

Termination

We reserve the right to terminate or suspend your access to and use of the App, without notice, for any reason, including but not limited to your breach of these Terms or if we believe that your actions may cause harm or liability to us, our users, or any third party. Upon termination, all provisions of these Terms that by their nature should survive will survive, including but not limited to limitations of liability, indemnification, and governing law.

Governing Law

These Terms and any disputes arising out of or in connection with these Terms or your use of the App shall be governed by the laws of Oakland County, MI, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Oakland County, MI to resolve any legal matter arising from these Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements or understandings, whether written or oral, regarding the subject matter hereof.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Brain Dance Designs LLC
info@braindance.io