Terms of Service
1. Agreement
These Terms of Service (“Terms”) govern your access to and use of SPARK, a pre-launch waitlist and related software services operated by Nomadis (“Nomadis,” “we,” “us,” or “our”). By accessing or using SPARK, you agree to these Terms. If you do not agree, do not use SPARK.
2. The service
SPARK provides tools to create and manage waitlists, landing experiences, and related features for your projects. We may add, change, or discontinue features with reasonable notice where practicable. SPARK is provided on an “as is” and “as available” basis.
3. Accounts and eligibility
You may need an account (for example, through our authentication provider) to use certain features. You are responsible for safeguarding your credentials and for all activity under your account. You must provide accurate information and be legally able to enter into these Terms.
4. Your content
You retain ownership of content you submit to SPARK (such as names, branding, and waitlist copy). You grant Nomadis a non-exclusive, worldwide license to host, process, display, and distribute that content solely to operate and improve SPARK for you. You represent that you have the rights to submit your content and that it does not violate applicable law or third-party rights.
5. Acceptable use
You agree not to misuse SPARK. Without limitation, you must not: violate laws; infringe intellectual property or privacy rights; distribute malware; attempt unauthorized access to SPARK or other users’ data; scrape or overload our systems; send spam or deceptive communications; or use SPARK for unlawful, harmful, or fraudulent purposes.
6. Third-party services
SPARK may integrate with third parties (for example, authentication, hosting, or analytics). Your use of those services may be subject to their terms and privacy policies. Nomadis is not responsible for third-party services.
7. Intellectual property
SPARK’s name, branding, software, and documentation are owned by Nomadis or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
8. Disclaimer of warranties
To the fullest extent permitted by law, SPARK is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, that data will not be lost or corrupted, or that SPARK will meet your requirements. You use SPARK as is and as available, at your own risk, including the risk of downtime, data loss, defects, and unavailability.
9. Limitation of liability
To the fullest extent permitted by law, Nomadis and its affiliates, officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business opportunities, arising from your use of SPARK.
To the fullest extent permitted by law, Nomadis will not be liable for any direct damages and will have no obligation to pay any amounts, fees, or costs (including damages or fees awarded in any claim, lawsuit, arbitration, or proceeding) arising out of or relating to SPARK or these Terms, except where such exclusion is prohibited by applicable mandatory law. You are solely responsible for your use of the service and for backing up your data; Nomadis is not responsible for loss or corruption of data, service interruptions, downtime, or harm resulting from your reliance on SPARK.
10. Indemnity
You will defend and indemnify Nomadis against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your content, your use of SPARK, or your violation of these Terms or applicable law.
11. Termination
Nomadis reserves the right to suspend or cancel your account or access to SPARK at any time, with or without prior notice where permitted by law, if we detect or reasonably believe there is malware, abuse, illegal content, crimes, fraud, harassment, or other conduct that violates these Terms, applicable law, or our policies (including the Acceptable Use standards in Section 5). You may stop using SPARK at any time. We may also suspend or terminate if you breach these Terms; if the service is used for crimes or abuse or other unlawful activity; if we are required to do so by law or lawful requests from public authorities; or for operational or security reasons.
Without limiting the foregoing, we may take such action if we detect or are made aware of conduct that constitutes or facilitates crimes or abuse, such as: fraud, scams, or deceptive practices; harassment, threats, or abuse directed at others; distribution of malware, illegal content, or content that exploits or endangers minors; intellectual property infringement or piracy at scale; activity that facilitates crime (for example, money laundering, trafficking, or terrorism); or other conduct that we determine, in good faith, is incompatible with safe, lawful operation of SPARK or with these Terms. We may preserve and disclose information when we believe in good faith that disclosure is required by law or to protect rights, safety, or the integrity of the service.
Provisions that by their nature should survive will survive termination.
12. Changes
We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date. Material changes may be communicated through SPARK or by email where appropriate. Continued use after changes become effective constitutes acceptance of the revised Terms.
13. Governing law
These Terms are governed by the laws applicable to Nomadis’s operating jurisdiction, without regard to conflict-of-law rules, except where mandatory consumer protections in your country apply.
14. Contact
For questions about these Terms, contact Nomadis using the contact information or in-product channels Nomadis provides for SPARK customers.