Please read this End User License Agreement ("EULA") and our privacy policy ("Privacy Policy") carefully before downloading, subscribing to, accessing or using 'Sparks', because this EULA governs your access or use of Sparks. Sparks is offered by Pinsight Media, Inc. (on behalf of itself and its affiliates) ("InMobi", "Us", "Our", or "We"). For purposes of this EULA, "Sparks" means the rewards-based engagement platform, as made available in any format, which enables You ("You", or "End Users") to access certain Activities. Sparks may also display advertisements, promotional offers and/or content on Devices offered by InMobi, including, without limitation, by its affiliates and group companies (collectively, "Group") and other partners. To make this EULA easier to read, Sparks, including, without limitation, Our Content or other services accessible through Us or in Our support, are collectively called the "Services".
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THE EULA, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND INMOBI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16.2 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
1.1 Sparks provides a rewards-based engagement platform that enables users to access a range of activities, experiences, and content that may be of interest to You, including, but not limited to, casual and skill-based games, interactive challenges, branded experiences, editorial content, promotional offers, video content, app installations and other engagement activities, as may be made available from time to time ("Activities")including through separate applications that integrate the Sparks SDK. In connection with your participation in Activities, Sparks operates a virtual Coin reward system which may enables You to earn Coins through these Activities within Sparks, that may be redeemable for certain rewards, as described in Sections 6 and 7 and subject to the terms of this EULA.
1.2 Content and Activities available on Sparks may be generated, developed, or produced by InMobi ("Owned Content") or aggregated, obtained, and/or licensed through third-party sources including game developers, commerce partners, and content providers ("Third Party Content"). Owned Content may incorporate or include Third Party Content. InMobi allows You to access more information about particular Content or Activities, either within Sparks or by accessing links to third-party webpages, applications, channels, or services which We do not operate. Some Content may have a call to action to install an application or visit a third-party platform at Your election. InMobi is not responsible for any Third Party Content and/or ad-content, the intellectual property and other proprietary rights in the Third Party Content and/or ad-Content. You will need to make Your own independent judgment regarding whether You interact with Third Party Content and assume the risk in doing so. Where applicable, InMobi attributes Content to the relevant Third Party Content provider/ licensor. If You believe the Third Party Content infringes the intellectual property or other proprietary rights, please contact the Third Party Content provider. Owned Content and Third Party Content is collectively referred to as "Content". You acknowledge sole responsibility for and assume all risk arising from, your use of any Third Party Content.
1.3 InMobi may also feature advertising tailored to Your interests within Sparks, including, without limitation, rewarded video advertisements.
1.4 Sparks may be accessed: (i) through any InMobi-operated or InMobi Group platform, including platforms operated by InMobi's affiliates, subsidiaries, or associate companies; (ii) through third-party platforms, applications, or services with which InMobi has entered into a distribution or partnership arrangement; or (iii) through any standalone or integrated formats as InMobi may introduce from time to time.
1.5 Your use of Sparks may require appropriate internet access and/or mobile data connection, which we do not provide. You are solely responsible for any fees charged by your internet access provider, including carrier data plans, extra charges, or taxes that You may incur when using Sparks. InMobi, including its Group, licensors, and Device partners hereby expressly disclaim any and all liabilities or responsibilities associated with Your access to the internet and related fees.
1.6 You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read this EULA, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts. You may use the Sparks and the Content only in geographic locations where We offer our service and have licensed such Content. In some jurisdictions, minors must provide their consent to have their personal data processed for purposes of targeting advertising and similar activities in order to be eligible to earn and receive Coins (defined below).
By installing, subscribing to, accessing or using the Services, You agree to be bound by the terms of this EULA. If You don't agree to be bound by this EULA, do not use the Services.
Please review Our Privacy Policy, which explains how We collect, use, and share Your personal data when You use Sparks.
We may update the EULA from time to time in our sole discretion. If We do, We'll let You know by posting the updated EULA on Our website, to the App and/or may also send other communications. It's important that You review the EULA whenever We update them or You use the Services. If You continue to use the Services after We have posted updated EULA it means that You accept and agree to the changes. If You don't agree to be bound by the changes, You may not use the Services anymore. Because Our Services are evolving over time We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). If You choose to submit Feedback, You agree that We are free to use it without any restriction or compensation to You.
6.1 Sparks Coins ("Coins") are a virtual promotional reward currency with no monetary value outside the Sparks platform. Coins are earned through completion of or participation in Activities within Sparks, non-transferable between users, not exchangeable for cash outside designated redemption pathways, not a financial instrument, prepaid value instrument, or currency of any kind; and purely a promotional rewards mechanism offered at InMobi's sole discretion.
6.2 DISCLAIMER: SPARKS COINS HAVE NO CASH VALUE OUTSIDE THE SPARKS PLATFORM AND MAY ONLY BE REDEEMED FOR IN-APP REWARDS EXPRESSLY OFFERED THROUGH SPARKS. COINS CANNOT BE TRANSFERRED TO ANOTHER USER, SOLD, OR EXCHANGED, AND DO NOT REPRESENT A CLAIM AGAINST INMOBI FOR MONEY OR MONETARY VALUE. COINS ARE SOLELY A PROMOTIONAL REWARD EARNED THROUGH PARTICIPATION AND/OR COMPLETION OF ACTIVITIES REDEEMABLE ONLY FOR IN-APP REWARDS OFFERED THROUGH SPARKS.
6.3 The number of Coins awarded per Activity is not fixed. InMobi leverages realtime calculations of the value of a user's completion of an Activity within Sparks compared to other users. These calculations, taken together with metrics provided by advertisers, market conditions, and other variables, determine the number of Coins awarded. Because these calculations may vary day to day based on live advertising market conditions, the number of Coins that may be earned in respect of an Activity will, where reasonably practicable, be displayed to you before you choose to engage in that Activity; however, for certain Activities the number of Coins awarded may depend on factors determined only after completion and, in such cases, may be calculated and displayed to you after you complete the Activity. InMobi will display the Coins earned and their redemption value within the platform.
6.4 Certain rewards, such as cash rewards, are not made available to User until after Users are identified as eligible to receive such rewards. You meet eligibility standards by providing certain additional information to InMobi and/or Payment Partners. Prior to providing such information, the Coin balances are not eligible for cash reward payments but may be eligible for other rewards as provided in the FAQ. The conversion of Coin into rewards shall depend on Your overall engagement with Sparks and reaching a minimum reward threshold. InMobi does not guarantee any specific level of Coin earnings or rewards or profits or specific payouts. Coin and reward calculations depend on a range of usage and marked based factors and are awarded at InMobi's sole discretion. Users have no legal entitlement to any specific Coin earnings, payout amount, or reward.
Coins are a promotional reward issued at no cost and confer no vested right or property interest. Subject to applicable law, Coins that remain unredeemed for twelve (12) months following the date earned, or that are associated with an account inactive for twelve (12) months, will expire and be forfeited; provided, however, that where applicable law requires a longer minimum period, prohibits expiration or forfeiture, or requires that unredeemed value be otherwise treated (including remittance to a governmental authority), the minimum period or treatment required by such law will control to the extent required. InMobi may, but is not obligated to, provide notice to users approaching an expiry threshold via in-app notification or other means.
To the fullest extent permitted by applicable law, InMobi may, in its sole and absolute discretion, at any time and from time to time, with or without prior notice or liability: modify, suspend, interrupt, discontinue, deprecate, or terminate the Coins program or any portion of it; establish, change, or eliminate Coin earn rates, redemption thresholds, redemption options, conversion or cash-redemption rates, reward types and availability, and any other program rules, features, or limits; impose new or additional conditions on earning or redemption; and amend, supplement, or replace the EULA. Such changes may apply to Coins already earned, except where prohibited by applicable law. Coins have no cash value except as and to the extent expressly stated herein, are not transferable, and grant no vested or contractual right. Continued participation in the program after any change takes effect constitutes acceptance of that change. If any provision of the EULA is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining terms will remain in effect.
7.1 Accumulated Coins may be redeemed at defined thresholds for the following reward types:
7.2 As a precaution against fraud, You may be asked to complete an automated face-scan using your device's camera to verify that you are a real person by the Payment Partner, in accordance with our Privacy Policy.
7.3 InMobi reserves the right to require further information from End Users to ensure that they are not fraudulently collecting, exchanging or redeeming Coins or rewards and may place any reward redemption or cash out on hold until the requested information has been provided by the End User within a reasonable timeframe. If the End User fails to provide the requested information, their account may be blocked until all required details are submitted. In the event of fraud or any breach of the EULA, InMobi reserves the right to pursue legal action against the responsible individual.
7.4 All applicable tax liabilities, fees and expenses related to redemption, acceptance and use of rewards through Sparks shall be the sole responsibility of the End User. Rewards cannot be substituted, assigned or transferred.
7.5 Users may access a redemption history log within the platform, showing earn events and redemptions for such period as InMobi may determine from time to time, for transparency and record-keeping purposes. InMobi may change the period for which such history is made available, except where a longer period is required by applicable law.
8.1 Sparks employs multi-layered automated and manual fraud detection systems that continuously monitor user activity, earning patterns, redemption behaviour, device signals, and account characteristics for suspicious, abnormal, or potentially fraudulent activity. These systems operate in real time and in the background at all times during your use of Sparks. InMobi reserves the right to investigate any account at any time without prior notice.
8.2 The following conduct is strictly prohibited on Sparks. This list is illustrative and not exhaustive. Any conduct that InMobi reasonably determines to be an attempt to gain an unfair advantage, circumvent the intended operation of Sparks, or cause harm to the platform, other users, or InMobi's business interests is prohibited:
i. Use of bots, scripts, macros, automated tools, emulators, virtual machines, or any other software or hardware mechanism to simulate, accelerate, or manipulate ad completions, gameplay, or any other activity that triggers Coin issuance;
ii. Creation, operation, or use of multiple accounts whether under the same or different identities for the purpose of multiplying Coin earnings, circumventing earn caps, or otherwise gaming the reward system;
iii. Any attempt to manipulate, exploit, reverse-engineer, decompile, or otherwise interfere with the Coin earn system, ad serving infrastructure, or any other technical component of Sparks;
iv. Sharing, selling, transferring, or otherwise dealing in Coins, accounts, or redemption rights with any other person or entity;
v. Providing false, misleading, or inaccurate information in connection with account registration, age verification, identity verification, tax documentation or Payment Partner account linking;
vi. Using or attempting to use Coins or rewards obtained through fraudulent means, including but not limited to initiating Payment Partner or other cash redemptions on the basis of fraudulently earned Coins;
vii. Coordinating with other users or third parties to exploit the Coin economy, including through organised coin farming, referral manipulation, or bulk account creation;
viii. Interfering with, disrupting, or attempting to gain unauthorised access to Sparks' servers, infrastructure, ad serving systems, or other users' accounts;
ix. Exploiting any bug, error, vulnerability, or unintended feature of Sparks to earn Coins or rewards outside the intended mechanics, and failing to report such bugs to InMobi promptly upon discovery;
x. Using Sparks in any manner that violates applicable laws, including laws relating to fraud, computer access, data protection, money transmission, or tax compliance; and
xi. Any other conduct designed or intended to circumvent the intended operation of Sparks, undermine the integrity of the Coin economy, or obtain rewards to which you are not legitimately entitled.
8.3 If InMobi detects, reasonably suspects, or receives credible reports of fraudulent activity in connection with your account, InMobi reserves the right, at its sole discretion and without prior notice, to take any or all of the following actions:
i. Temporarily or permanently withhold Coin credits pending investigation, including reversing Coin credits already posted to your Coin balance where fraud is subsequently confirmed;
ii. Place a hold on any pending or future cash payout or reward redemption request, consistent with Section 7, for such duration as InMobi determines is necessary to assess, resolve and otherwise review the issue;
iii. Suspend your account temporarily pending investigation, during which time you will be unable to earn Coins, access rewards, or make redemption requests;
iv. Permanently terminate your account and bar you from registering any new accounts on Sparks or any other InMobi platform;
v. Permanently forfeit all Coins, pending rewards, and unredeemed Coin balances in your account, with no obligation on InMobi to compensate you for the same;
vi. Reverse or clawback any cash payouts or rewards already processed where fraud is confirmed following payout, and seek recovery of such amounts through legal means if necessary;
vii. Share account information, device identifiers, and activity data with Payment Partners, law enforcement agencies, regulatory bodies, or other relevant authorities to support investigation and prosecution of fraudulent conduct;
viii. Report the activity to relevant federal, state, or local authorities, including the FTC, IRS, and financial regulators, where applicable; and
ix. Take any other technical, operational, or legal measures InMobi deems appropriate to protect the integrity of the Sparks platform and its users.
8.4 By using Sparks, you acknowledge and agree that (a) InMobi's determination of whether fraudulent or prohibited activity has occurred is made in good faith and is final and binding; (b) InMobi bears no liability to you for Coins withheld, accounts suspended or terminated, or rewards forfeited as a result of legitimate fraud prevention and account integrity measures; (c) The existence and operation of fraud detection systems does not guarantee detection of all fraudulent activity, and InMobi's failure to detect or act upon any particular instance of fraud does not constitute a waiver of InMobi's rights under this Section or otherwise; (d) You are responsible for maintaining the security of your account credentials and device. Any fraudulent activity originating from your account or device, whether or not carried out by you personally, may be attributed to your account for the purposes of this Section.
9.1 End Users must use Sparks in accordance with this EULA, and all applicable laws. InMobi reserves the right to restrict, suspend, or terminate access for any End User whose conduct violates applicable law or this EULA.
9.2 End Users are solely responsible for maintaining the confidentiality of their account credentials and linked Payment Partner details. End Users must not share credentials with any third party. Any activity carried out through your account, whether by you or an unauthorised third party, shall be deemed your responsibility.
9.3 End Users must provide accurate, complete, and truthful information at all times, including account registration details, age and identity verification, tax documentation Payment Partner details, and location information. Changes must be updated promptly. InMobi reserves the right to suspend accounts and reverse Coin earnings where false or inaccurate information is discovered.
9.4 Each End User may maintain only one Sparks account. End User must not create multiple accounts, transfer Coins or benefits between accounts, or assist others in doing so. Detection of multiple accounts may result in termination of all associated accounts and forfeiture of all Coins and pending rewards.
9.5 Your Sparks account, activity history, and Coin balance are linked to your Google Advertising ID ("GAID") associated with your device. Your GAID serves as the basis for your account identity on Sparks. In the event that You: (i) reset your GAID; (ii) change or replace your device; or (iii) otherwise take any action that results in a change to or deletion of the GAID associated with your account, your Sparks account, including all accumulated Coins, pending rewards, and redemption history associated with the prior GAID, will be permanently and irrecoverably forfeited. InMobi shall have no obligation to restore, transfer, or compensate You for any Coins or rewards lost as a result of a GAID reset or device change. You are solely responsible for understanding the consequences of resetting your GAID or changing your device prior to doing so.
9.6 End Users must not use bots, scripts, macros, automated tools, emulators, virtual machines, or any other mechanism to simulate ad completions, manipulate gameplay, reverse-engineer, or circumvent any platform control. Use of modified, rooted, or jailbroken devices to exploit Sparks mechanics is strictly prohibited.
9.7 Each End User represents and warrants on an ongoing basis that:
10.1 Content Moderation: We and Our agents have the right at Our sole discretion to remove any materials that, in Our judgment, do not comply with this EULA and any other rules of user conduct for users of Sparks, or is otherwise harmful, objectionable, or inaccurate. To the extent permitted under the applicable laws, You agree that We are not responsible for any failure or delay in removing such materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See "Removal of Alleged Infringing Works" below for a description of the procedures to be followed in the event that any party believes that materials posted on Sparks infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
10.2 Ownership & Grant of License: Subject to the foregoing, InMobi and its licensors exclusively own all right, title and interest, including, without limitation, all intellectual property rights, in and to Sparks, its Services and Owned Content, including, without limitation, all software, features, trademarks, trade names, service marks, trade dress, and the look and feel of the Services. You acknowledge that (i) the Services and Content are protected by applicable copyright, trademark, and other applicable laws, and You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Owned Content, (ii) rights in Sparks is licensed (not sold) to You and You have no rights in, or to, Sparks other than the right to use Sparks in strict conformity with the terms of this EULA. You agree that Sparks and the Content viewed through Sparks is solely for Your personal use only.
10.3 Except where prohibited by law, We may restrict, modify, or limit your access to and use of certain Content, or any or all of the Services, depending on the country in which You are located. The Content that may be available to watch will vary by geographic location and will change from time to time.
10.4 License Restrictions: Except as expressly permitted under this EULA, You agree not to:
a. Copy, reproduce, distribute, display, mirror, frame, or use Sparks, including its design, user interface, Coin economy system, or any proprietary technology, in any manner not expressly authorised herein;
b. Sell, rent, lease, sublicense, loan, adapt, modify, translate, or create derivative works of Sparks or any of its components;
c. Disassemble, decompile, or reverse-engineer any part of Sparks, including ad serving infrastructure, or any Activity components, except to the limited extent permitted by applicable law solely for interoperability purposes, and only where information obtained is not disclosed to any third party or used to create substantially similar software;
d. Probe, scan, test, or attempt to breach the security, authentication measures, or vulnerability of Sparks or its underlying systems;
e. Access, tamper with, or use any non-public area of Sparks or its infrastructure;
f. Violate any applicable technology control, export, or sanctions laws in connection with your use of Sparks; or
g. Directly or indirectly encourage, assist, or enable any third party to do any of the above.
10.5 Acceptable Use Content: In connection with your use of Sparks, including all Content and Activities as defined in Section 1, You may not, or encourage or enable anyone else to:
a. Use any Content for any commercial, promotional, advertising, endorsement, or merchandising purpose not expressly authorised by InMobi or the relevant Third Party Content provider;
b. Share, aggregate, redistribute, reproduce, download, sublicense, publish, copy, or create derivative works from any Content, except where expressly enabled by an in-app share or copy feature;
c. Modify, reorder, obscure, truncate, or otherwise interfere with any Content, Activity mechanics, ad creatives, or Coin earn flows;
d. Use Sparks or any Content in any unlawful manner or for any unlawful purpose, or introduce malicious code, viruses, or harmful data into Sparks or any connected system;
e. Infringe InMobi's or any third party's intellectual property rights, including patents, copyrights, trademarks, trade secrets, or rights of publicity or privacy, in connection with your use of Sparks;
f. Interfere with, damage, disable, overburden, or impair Sparks' systems, infrastructure, ad serving, or Coin economy, or interfere with any other user's experience; or
g. Collect, harvest, scrape, or attempt to decipher any data, transmissions, or information from Sparks' servers or systems, including ad data, Coin ledger data, or user data.
11.1 InMobi Marks and Copyrights: InMobi, the InMobi logo, Sparks, the Sparks logo, and all other trademarks, service marks, graphics, and logos used in connection with Sparks ("InMobi Marks") are trademarks or registered trademarks of InMobi and/or the Group in various jurisdictions. You are not granted any right or license with respect to any InMobi Marks, and any unauthorised use is strictly prohibited.
All copyright in and to Sparks and its Content including Owned Content, Activity designs, Coin economy systems, and associated materials is owned by InMobi and/or its licensors and content providers. Third Party Content remains the copyright of the respective third-party provider. All such rights are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws.
The unauthorised copying, modification, use, or publication of Sparks, its Content, or InMobi Marks is strictly prohibited. Any violation may result in severe civil and criminal penalties including monetary damages. InMobi respects copyright law and expects all users of Sparks to do the same.
11.2 Removal of Alleged Infringing Content: If You believe that any Content on Sparks infringes Your copyright or other intellectual property rights, You may submit a written takedown notification to InMobi. To be effective, Your notification must include all of the following:
a. A detailed identification of the copyrighted work or other protected material that You believe has been infringed;
b. Identification of the specific Content on Sparks that You claim is infringing, with sufficient detail for InMobi to locate it (e.g., URL, in-app location, or description);
c. Your full name, address, telephone number, and email address;
d. The following statement of good faith belief: "I have a good faith belief that the use of the material described in this notification is not authorised by the copyright owner, its agent, or the law."
e. The following statement of accuracy and authority: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed."
f. Your physical or electronic signature; and
g. Send the completed notification to: support@sparksgames.io
InMobi will review all valid notifications and take appropriate action, which may include removal or disabling of the allegedly infringing Content. Please note that submitting a false or misleading DMCA notification may expose You to legal liability.
12.1 Any implied warranties, including those prescribed by statute, are expressly disclaimed to the maximum extent permitted by applicable law.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKS AND ALL ACTIVITIES, CONTENT, COIN ECONOMY SYSTEMS, AD SERVING INFRASTRUCTURE, AND REWARD REDEMPTION FEATURES, ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. INMOBI, THE GROUP, INMOBI'S LICENSORS, AND PLATFORM PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
12.3 NO ORAL OR WRITTEN ADVICE PROVIDED BY INMOBI, THE GROUP, ITS LICENSORS, OR ANY AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR STATUTORY CONSUMER RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
12.4 SPARKS USES AN AI-DRIVEN COIN ECONOMY ENGINE THAT DYNAMICALLY CALCULATES COIN REWARDS BASED ON REAL-TIME AD MARKET CONDITIONS. YOU UNDERSTAND AND AGREE THAT:
i. COIN REWARD CALCULATIONS ARE GENERATED AUTONOMOUSLY BY THE AI-DRIVEN COIN ECONOMY ENGINE BASED ON LIVE MARKET SIGNALS AND MAY VARY SIGNIFICANTLY BETWEEN USERS, SESSIONS, AND TIME PERIODS;
ii. OUTPUTS ARE NOT GUARANTEED TO BE CONSISTENT, PREDICTABLE, OR TO MEET ANY SPECIFIC EARNINGS EXPECTATION, AND INMOBI DOES NOT GUARANTEE THAT THE NUMBER OF COINS TO BE EARNED WILL BE DISPLAYED TO YOU BEFORE YOU CHOOSE TO ENGAGE IN AN ACTIVITY. FOR CERTAIN ACTIVITIES THE NUMBER OF COINS MAY BE DETERMINED AND DISPLAYED ONLY AFTER COMPLETION, AS DESCRIBED IN SECTION 6;
iii. CERTAIN CONTENT AND FEATURES WITHIN SPARKS MAY INCORPORATE OUTPUTS FROM THIRD-PARTY ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TOOLS, WHICH MAY NOT BE UNIQUE ACROSS USERS AND MAY VARY WITH IDENTICAL INPUTS; AND
iv. INMOBI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR FITNESS FOR PURPOSE OF ANY AI-GENERATED OUTPUT WITHIN SPARKS.
12.5 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, INMOBI, THE GROUP, AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF COINS OR REWARDS, LOSS OF DATA, LOSS OF GOODWILL, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO:
i. YOUR ACCESS TO, USE OF, OR INABILITY TO USE SPARKS OR ANY OF ITS FEATURES;
ii. ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF SPARKS OR YOUR ACCOUNT;
iii. ANY CHANGE TO COIN EARN RATES, REDEMPTION THRESHOLDS, OR REWARD AVAILABILITY;
iv. ANY FAILURE OR DELAY BY A PAYMENT PARTNER IN PROCESSING CASH PAYOUTS;
v. ANY LOSS OF COINS OR REWARDS RESULTING FROM ACCOUNT TERMINATION, FRAUD PREVENTION MEASURES, OR COIN EXPIRY; OR
vi. ANY OTHER MATTER RELATING TO SPARKS, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT INMOBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL INMOBI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO SPARKS EXCEED THE GREATER OF: (A) THE TOTAL VALUE OF REWARDS PAID OUT TO YOU IN THE 30 DAYS PRECEDING THE CLAIM; OR (B) USD $500.
THESE LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN ANY JURISDICTIONS WHICH PROHIBIT SUCH LIMITATIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION, NONE OF WHICH ARE PREJUDICED BY THIS EULA.
12.6 Nothing in this EULA shall limit or exclude InMobi's liability for (a) Death or personal injury resulting from InMobi's gross negligence; (b) Fraud or fraudulent misrepresentation; or (c) Any other liability that cannot be excluded or limited under applicable law.
We may suspend or terminate Your access to and use of the Services, at our sole discretion, at any time and without notice to You. This EULA will terminate automatically if You violate, or InMobi suspects that You have violated, its terms and conditions. In such event, Your access to Sparks may be disabled and You must cease using Sparks, the Content and other materials comprising Sparks. InMobi reserves the right to change, suspend, remove, disable or terminate access to Sparks, Content and other materials comprising Sparks or certain areas or features of Sparks, at any time for any reason. Upon suspension or termination of Your access, any unredeemed Coins may expire and be forfeited in accordance with Section 6, and pending redemption requests may be cancelled, except where prohibited by applicable law. Coins confer no vested or contractual right and have no cash value except as and to the extent expressly stated in this EULA.
In the event Sparks is pre-loaded in Your Device or a third party platform, You may visit the settings page on Your Device or to disable 'Sparks' as made available in such settings page (unless any of Our Device partners have disallowed such removal from the Device, in which case, please exercise alternative opt out options provided by the Device partners).
You hereby agree to defend, indemnify, and hold harmless InMobi, the Group, licensors, officers, directors, employees and agents from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access of Sparks, Content and any materials comprising Sparks; (ii) your violation of any term of this EULA; (iii) your provision of false age, identity, or tax information etc; (iv) your fraudulent use of the Coin economy or payout systems (v) your violation of any third party rights, applicable law or regulations. This defence and indemnification obligation will survive this EULA and your use of Sparks.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ("Event Outside Our Control"). If an Event Outside Our Control takes place that affects the performance of Our obligations under this EULA: (a) Our obligations under this EULA will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; and (b) We will use Our reasonable endeavours to find a solution by which Our obligations under this EULA may be performed despite the Event Outside Our Control.
16.1 Governing Law The EULA, its subject matter, its formation and any action related thereto are governed by the Federal Arbitration Act, federal arbitration law, and the laws of California, without regard to its conflict of laws provisions, and will be resolved pursuant to Section 16.2 "Dispute Resolution." Except as otherwise expressly set forth in Section 16.2. "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that You and We are not required to arbitrate, will be the state and federal courts located in the San Francisco, California, and You and We each waive any objection to jurisdiction and venue in such court except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws.
16.2 Dispute Resolution
a. Mandatory Arbitration of Disputes. All Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and InMobi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and InMobi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
b. Exceptions. As limited exceptions to the Section 16.2(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
d. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
e. Injunctive and Declaratory Relief. Except as otherwise expressly provided herein, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
f. Class Action Waiver. YOU AND INMOBI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
g. Severability. With the exception of any of the provisions in 16.2(f) of this EULA ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
17.1 Links to Third Party Websites or Resources. The Services may allow You to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party resources.
17.2 Reservation of Rights. InMobi and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and the other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
17.3 Entire Agreement. This EULA constitutes the entire and exclusive understanding and agreement between InMobi and You regarding the Services, and this EULA supersedes and replaces all prior oral or written understandings or agreements between InMobi and You regarding the Services. If any provision of this EULA is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this EULA will remain in full force and effect. Except where provided by applicable law in Your jurisdiction, You may not assign or transfer this EULA, by operation of law or otherwise, without InMobi's prior written consent. Any attempt by You to assign or transfer this EULA, in absence of Our consent or your statutory right, will be null. InMobi may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
17.4 Notices. Any notices or other communications provided by InMobi under this EULA will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
17.5 Waiver of Rights. InMobi's failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of InMobi. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
18.1.1 Customer Support: For any enquiries You may have about Our service and features or if You need assistance with the Sparks, You may write to Us at support@sparksgames.io
18.1.2 Data Privacy: To ask questions on data privacy and our privacy practices, exercise applicable data subject rights (to the extent You may enjoy any data subject rights as per privacy laws applicable to You), please e-mail us at privacy@sparksgames.io.
18.2 Reporting Objectionable Content to Grievance Officer: If You see something objectionable, offensive, or adversely affects You or Your community, You can report it to our Grievance Officer at grievance@sparksgames.io with the relevant details of Your complaint/concern.
Please keep in mind that mere reporting to Us doesn't guarantee that certain content will be removed from Sparks, however, We are committed to creating a safe environment and will consider all Your genuine grievances/complaints.