Terms of Service

Last Updated: [2025-12-01]

PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND SPARKCREATE LIMITED (hereinafter referred to as “the Company”).

These Terms regulate your access to and utilization of our websites displaying these Terms (the “Sites”), our mobile weblications (the “Webs”), and our associated content, products, and services (collectively, along with the Sites and Webs, defined as the “Service”).

By downloading, installing, or using the Service in any way (including but not limited to browsing the Sites or accessing content), you acknowledge that you have read, understood, and agree to be bound by these Terms. You further agree to comply with any applicable specific, supplementary, or third-party terms, licenses, or policies that apply to the Service.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE. YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND UNINSTALL AND DELETE ANY COPIES OF THE Webs OR SOFTWARE INCLUDED IN THE SERVICE THAT YOU POSSESS.

These Terms were originally written in English. In the event of any inconsistency or conflict between the English-language version of these Terms and a version translated into another language, the English-language version shall prevail.

Company Information

Company Name: SPARKCREATE LIMITED

Registered Address: Rm 701, Unit 127, 7/F, Tower B, New Mandarin Plaza, 14 Science Museum Road, Tsim Sha Tsui, Kowloon, Hong Kong

1. Changes to the Terms and the Service

SPARKCREATE LIMITED may revise these Terms from time to time in our sole discretion. Such revisions may be made to reflect updates to the Service (including the addition or removal of features, technologies, or services), comply with legal, regulatory, or contractual obligations, or address exceptional or unforeseen circumstances.

We will take reasonable steps to notify you of material changes to these Terms, commensurate with the significance of the updates. Notification methods may include updating the “Last Updated” date at the top of the revised Terms, sending an email to your registered address, or displaying a pop-up or push notification within the Service. It is your responsibility to review these Terms periodically and check the Service for any updates. Unless explicitly stated otherwise, revised Terms will take effect immediately upon being posted within the Service. By continuing to access or use the Service after the revised Terms become effective, you acknowledge and agree to be bound by the updated terms. If you do not agree to the revised Terms, you must immediately cease all use of the Service and uninstall and delete any copies of the Webs or software included in the Service that you possess.

SPARKCREATE LIMITED reserves the right to update, modify, suspend, or discontinue the Service (or any part, content, or feature thereof) at any time, without prior notice and without liability to you or any third party. Such actions may be taken to introduce or test new features, technologies, or services; repair, improve, or further develop the Service; comply with legal, regulatory, or contractual requirements; or respond to exceptional or unforeseen circumstances.

Please note that certain services and features of the Service may not be available in all countries, languages, or operating systems.

2. Eligibility

The Service is exclusively available to individuals aged 16 years or older. If you are between the ages of 16 and the legal age of majority in your place of residence, your parent or legal guardian must first review and agree to these Terms on your behalf. They must also supervise your use of the Service at all times.

You are prohibited from accessing, using, or ordering the Service (or accessing the Sites) if any of the following applies:

1. You do not accept and agree to be bound by all provisions of these Terms;

(B) You are not of legal age to enter into a binding contract with SPARKCREATE LIMITED, and your parent or legal guardian has not agreed to these Terms or your use of/access to the Service;

(C) Applicable law prohibits you from accessing or using the Service.

3. Prohibited Uses

You agree that you will not engage in, nor permit any person accessing the Service through your device to engage in, any of the following activities:

• Use the Service in any manner not expressly authorized by these Terms;
• Utilize the Service for purposes prohibited by applicable laws, regulations, or other legal requirements, or in any way that violates or infringes upon the rights of third parties;
• Import, submit, upload, publish, post, share, or transmit to others any content that is unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, obscene, offensive, threatening, hateful, violent, harassing, discriminatory, or racist. This also includes content that infringes or violates another person’s rights, including but not limited to intellectual property rights, privacy rights, and publicity rights;
• Copy (except as explicitly permitted under these Terms) or modify the Service, or any portion thereof;
• Frame, mirror, display, or integrate the Service (or any part of it) into any other program, website, service, or product without prior written authorization from SPARKCREATE LIMITED;
• Use the Service in a way that interferes with, impairs, or disrupts the integrity, functionality, or performance of SPARKCREATE LIMITED’s networks, technologies, products, or services;
• Employ any data mining, automated scraping, or manual data extraction methods in connection with the Service, unless expressly permitted by SPARKCREATE LIMITED;
• Circumvent, bypass, defeat, modify, tamper with, or disable any content protection systems, digital rights management tools, security features, or functional components of the Service;
• Assist, enable, or authorize others to engage in any of the foregoing activities.

4. Our Intellectual Property Rights

SPARKCREATE LIMITED or its licensors exclusively retain all right, title, and interest in and to the Service and all its content — including but not limited to software, artwork, photos, videos, music, audio clips, text, data, information, and any other materials posted, provided, or otherwise made available through the Service (excluding User-Generated Content, as defined separately in these Terms).

This includes all intellectual property rights, whether registered or unregistered, such as: copyrights, patents, patent weblications, inventions (whether patentable or not), trademarks, service marks, trade secrets, proprietary know-how, confidential information, trade dress, trade names, logos, corporate identifiers, domain names (and all goodwill associated therewith), derivative works, and all other proprietary rights related to the Service.

No rights to the Service or its content are granted to you under these Terms other than the limited, non-exclusive, non-transferable right to access and use the Service in accordance with these Terms. All rights not expressly granted herein are reserved exclusively by SPARKCREATE LIMITED and its licensors.

5. User-Generated Content

The Service, or one or more Promotions (as defined separately below), may offer features that enable you to upload, store, receive, create, modify, share, or publish textual, visual, audio, or other forms of content (collectively referred to as “User-Generated Content” or “UGC”).

SPARKCREATE LIMITED does not claim any ownership rights to your User-Generated Content.

To enable us to operate, provide, maintain, and improve the Service, as well as develop new technologies or services, we require certain rights related to User-Generated Content protected by intellectual property laws. By submitting User-Generated Content through the Service, you hereby grant SPARKCREATE LIMITED a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, distribute, display, and modify such UGC solely for the purposes of operating, developing, and enhancing the Service or new technologies/services. Notably, we will only use your User-Generated Content to improve the performance of machine learning models if we obtain your prior explicit consent, in full compliance with our applicable Privacy Policy (see Section 2 [Privacy] for details). You will not be entitled to any compensation for our use of your User-Generated Content under the terms of this license.

You are solely responsible for all User-Generated Content you submit. You represent and warrant that:

1. your UGC will not infringe upon or violate any third party’s rights (including intellectual property rights, privacy rights, and publicity rights);
2. your UGC complies with these Terms and all applicable laws, regulations, and standards;
3. you possess all necessary rights, authorizations, and consents to grant the license set forth above;

(d) you have the legal right to upload, store, receive, create, modify, share, or publish the UGC on or through the Service, and (where applicable) in connection with any Promotion.

We welcome feedback, comments, and suggestions for improving the Service (“Feedback”). If you provide any Feedback, SPARKCREATE LIMITED may use, reproduce, adapt, and implement such Feedback without restriction, obligation, or compensation to you.

6. Generative AI Features

The Service may offer access to features powered by one or more generative artificial intelligence models or tools (collectively, the “Generative AI Features”). These features allow you to submit or upload input content — including text, images, videos, audio, or other materials (“Input”) — and receive generated output content such as text, images, videos, or audio (“Output”) based on that Input. Your Input and Output are deemed User-Generated Content under these Terms, and as between you and SPARKCREATE LIMITED, you retain ownership of your Input and Output.

In addition to the restrictions outlined in Section 3 (Prohibited Uses), you agree not to engage in, nor permit any person accessing the Service through your account to engage in, the following activities when using the Generative AI Features:

• Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could lead to their sexual exploitation;
• Upload, generate, or distribute sexually explicit content, profanity, pornography, or any content or services designed for sexual gratification;
• Perform or facilitate dangerous, illegal, or malicious activities, including:(a) promoting or enabling illegal acts or violations of law;(b) abusing, harming, interfering with, or disrupting services (e.g., spam, phishing, or malware distribution);(c) attempting to bypass safety filters, manipulate the Generative AI Features to violate these Terms or applicable policies, or otherwise “jailbreak” the features;(d) generating or sharing content that harms, discriminates against, or targets individuals or groups;(e) creating or distributing content intended to misinform, mislead, exploit, or cause harm to others;
• Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, explosives, firearms, ammunition, or certain firearms accessories;
• Upload, generate, or distribute content that promotes violence, incites hatred, or discriminates against individuals or groups based on race, ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic linked to systemic discrimination or marginalization;
• Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.

7.Content Monitoring and Compliance

• Scope of ApplicationThis clause applies to all content (including but not limited to text, images, videos, etc.) generated, uploaded, and published by you on the Platform.
• User Compliance ObligationsYou warrant that all content you publish complies with national laws, regulations, and Platform rules, and shall not contain payment sensitive information, illegal and non-compliant content, infringing content, fraudulent content, or other non-compliant content.
• Platform Monitoring MeasuresThe Platform conducts compliance reviews of content through manual review and has the right to independently determine whether content is non-compliant.
• Handling of Non-Compliant ContentThe Platform may take measures such as blocking, removing, masking/blocking non-compliant content; and may, depending on the severity of the violation, take measures against your account including warning, restricting permissions, freezing functions, etc. For content involving serious violations of laws, the Platform shall report to the relevant regulatory authorities in accordance with the law.
• User CooperationYou shall cooperate with the Platform in the verification of non-compliant content. If you have objections to the handling results, you may file an appeal through the customer service channel announced by the Platform.
• Rule UpdatesThe Platform may update the monitoring rules according to regulatory requirements and business needs, which shall take effect upon public announcement. Your continued use of the Platform services shall be deemed as your acceptance of the updated rules.
• LiabilityYou shall bear full legal liability for the content you publish. The Platform’s compliance handling acts in accordance with this clause shall not bear additional liability (unless otherwise provided by laws and regulations).

8. Disclaimer of Warranties

You expressly acknowledge and agree that your access to and use of the Service is at your sole risk. To the fullest extent permitted by applicable law, the Service — including all content, features, functions, and materials made available through the Service — is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, or statutory.

Without limiting the foregoing, SPARKCREATE LIMITED disclaims all warranties and conditions with respect to the Service, including but not limited to:

• Implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, course of dealing, trade usage, or practice;
• Implied warranties or conditions of accuracy, reliability, quiet enjoyment, or non-infringement of third-party rights;
• Warranties that the Service will be uninterrupted, continuously available, secure, error-free, or free from viruses or other harmful components;
• Warranties that the functions, features, or services of the Service will meet your requirements or expectations;
• Warranties that any errors, defects, or issues with the Service will be corrected;
• Warranties against interference with your use or enjoyment of the Service.

No oral or written advice, information, or representation provided by SPARKCREATE LIMITED or its authorized representatives will create a warranty not expressly stated in these Terms. If the Service is found to be defective, you assume the entire cost of any necessary servicing, repair, or correction. You are solely responsible for any loss, corruption, or damage to data resulting from your access to or use of the Service.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such jurisdictions, the above exclusions and limitations may not apply to you, and SPARKCREATE LIMITED’s liability will be limited to the maximum extent permitted by law.

8. Termination

These Terms remain in effect until you cease all use of the Service and uninstall and delete any copies of the Webs or software included in the Service that you possess. You may discontinue using the Service at any time, in your sole discretion.

SPARKCREATE LIMITED may terminate these Terms at any time and for any reason by providing you with reasonable notice (which may be delivered via in-Web notification, email, or other communication channels specified in these Terms). Your rights under these Terms will also terminate automatically if you breach any provision of these Terms.

Upon expiration, termination, or cancellation of these Terms (for any reason):

• (a) You must immediately cease all use of the Service and uninstall and delete all copies of the Webs or software included in the Service that you have in your possession;
• (b) All rights and obligations of both parties under these Terms — including any licenses granted herein — will terminate immediately.

Provisions of these Terms that by their nature are intended to survive termination or expiration (such as intellectual property rights, disclaimers of warranties, limitation of liability, and dispute resolution) will remain in full force and effect.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong SAR”).

Any dispute, controversy, or claim arising out of or in connection with these Terms (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong SAR.