Terms of Service

Last Updated: April 5, 2025

Welcome to BlogSpark! These Terms of Service ("Terms") govern your access to and use of the BlogSpark website, platform, services, and associated applications (collectively, the "Service"), provided by BlogSpark ("BlogSpark," "we," "us," or "our"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy (available at /privacy-policy), which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization or entity ("Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms, and you agree to be bound by these Terms on behalf of that Organization.

2. Description of Service

BlogSpark provides an AI-powered platform designed to assist users in generating, optimizing, and managing content, such as blog posts and related materials ("Generated Content"). The Service utilizes artificial intelligence algorithms to process user inputs ("Inputs") and produce Generated Content.

3. Account Registration and Security

You may need to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. BlogSpark is not liable for any loss or damage arising from your failure to comply with the above requirements.

4. Use of the Service

4.1 License Grant: Subject to your compliance with these Terms, BlogSpark grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business or personal purposes.

4.2 User Conduct: You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You agree not to:

  • Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
  • Generate content that is defamatory, obscene, pornographic, vulgar, offensive, harassing, harmful, infringing, or promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or structure of the Service.
  • Use the Service to develop a competing product or service.

5. Content and AI Output

5.1 User Input: You retain ownership of the Inputs you provide to the Service. However, you grant BlogSpark a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Inputs solely to the extent necessary to provide, maintain, and improve the Service (including training our AI models). We will strive to anonymize or aggregate Inputs used for improvement where feasible.

5.2 Generated Content: As between you and BlogSpark, and subject to your compliance with these Terms, you own the Generated Content you create using the Service. However, due to the nature of artificial intelligence, Generated Content may not be unique, and the Service may produce the same or similar output for other users.

5.3 Responsibility for Content: You are solely responsible for your Inputs and the Generated Content you create, including its accuracy, legality, appropriateness, and ensuring it does not infringe on any third-party rights (including copyright, trademark, privacy, or other proprietary rights). You are responsible for reviewing and verifying the suitability and accuracy of all Generated Content before use or publication. BlogSpark makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Generated Content.

5.4 Use of Generated Content: Your use of Generated Content is at your own risk. BlogSpark disclaims all liability and responsibility arising from any reliance placed on Generated Content by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. You agree to indemnify and hold harmless BlogSpark from any claims arising out of your use of the Generated Content.

6. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BlogSpark, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Service for your personal or internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as necessary for your authorized use of the Service.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLOGSPARK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE GENERATED CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR MEET YOUR REQUIREMENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLOGSPARK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL BLOGSPARK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO BLOGSPARK FOR THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless BlogSpark, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your Inputs, your use of Generated Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

10. Termination

We may terminate or suspend your access to all or part of the Service, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. 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.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming located in Sheridan, Wyoming. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Changes to Terms

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 reasonable notice prior to any new terms taking effect, such as by posting the updated Terms on the Service or providing notice through the Service or via email. 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.

13. Miscellaneous

These Terms and our Privacy Policy constitute the sole and entire agreement between you and BlogSpark regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. No waiver by BlogSpark of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

14. Contact Information

If you have any questions about these Terms, please contact us at: [email protected]

BlogSpark
30 N Gould St Ste N Sheridan, WY 82801