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Terms of Service

Some definitions

  • "Sparkle account" means a private, password-protected area on the Sparkle website.
  • "Account Holder" means a company which has a Sparkle account.
  • "Account administrator" means the person who signs up for a new Sparkle account.
  • "You" means you, the person who accesses and uses the Sparkle service.
  • "Your data" means any data you entered or uploaded while using the Sparkle service.
  • "Us", "we", and "our" refers to AirBlade Software Limited outside Germany and AirBlade Software Limited Zweigniederlassung Murg inside Germany.

Creating a Sparkle account

When you sign up for a Sparkle account, an account is created for your company (the Account Holder) and a legally binding contract is created between the Account Holder and us. Therefore you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder.

How to access a Sparkle account

You need a username and password to access a Sparkle account. There are two ways to obtain these:

  • When a Sparkle account is first created, we will issue the initial user (whose details were provided to us when the account was created) with a username and password. The initial user becomes the account administrator.
  • Additional users can obtain their own usernames and passwords if the account administrator accesses the Sparkle account and uses the "Add a person" feature on the Account Holder's page.

Your Rights

You can use Sparkle free for 30 days.

The Account Holder retains ownership of all your data and of all the intellectual property rights you have in your data.

You can ask us at any time to export a complete copy of your data in a Microsoft Excel-compatible format. We will do so as soon as reasonably possible.

If you are a paying customer you are entitled to support on a best-effort basis as per your account plan.

The account administrator can cancel their Sparkle account at any time. We will remove your data from our system and not invoice you again.

If Sparkle were to cease operation, you would have the opportunity to export your data in a Microsoft Excel-compatible format.

Your Responsibilities

You must give accurate information when signing up.

You must sign in to Sparkle with your own username and password.

You must not use Sparkle if you are one of our competitors, or plan to become one.

You are solely responsible for the accuracy of your data.

You must not do anything which could reasonably be expected to damage, disable, overburden, or materially impare Sparkle.

You agree to abide by these Terms of Service. If you do not, we have the right to suspend or cancel your account.

Payment

After the 30 day free trial, you must either give us invoicing details for the Account Holder or stop using Sparkle.

The service is invoiced in advance and invoices are due within 30 days. We have the right to suspend your account if and while an invoice is unpaid after 30 days.

The Account Holder has the right to a discount for every paying customer you refer to us for as long as they remain a customer, as per our Referral Scheme.

About Sparkle

Sparkle is owned and operated by AirBlade Software Limited, a company registered in England and Wales (registration no. 5707678, VAT registration no. 977 3982 49). Its registered office is The Old Rectory, Ashampstead, Reading, Berkshire, RG8 8SH, England.

In Germany Sparkle is operated by AirBlade Software Limited Zweigniederlassung Murg, a branch office of AirBlade Software Limited registered in Germany (registration no. HRB 708605, USt-IdNr. DE284319686). AirBlade Software Limited Zweigniederlassung Murg's registered office is Benkenblick 1, 79730 Murg-Oberhof, Germany.

All copyright, trade marks, database rights, and other intellectual property rights in Sparkle (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you.

General legal stuff

We make no guarantee that Sparkle will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free, or available, especially since we are dependent on the reliability of the internet and your use of your own computer to access Sparkle. We will try to keep disruptions to a minimum but we may suspend Sparkle from time to time to carry out maintenance and support work and to investigate unauthorised use. You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Sparkle.

You use Sparkle entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence or for any matter which it would be illegal to limit or attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with Sparkle (even if we have been advised of their possibility).

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to Sparkle (or to our website generally) shall not exceed an amount equal to the subscription fees which the Sparkle account holder has paid to us in the previous invoicing cycle.

You shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

These Terms of Service, our Privacy Policy, and our Refund Policy describe the entire agreement between you, the Sparkle account holder and us regarding Sparkle, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.

We reserve the right to change these Terms of Service from time to time without notice and therefore we may impose new or different terms and conditions on your use of Sparkle. These changes will be posted here on our website and will be effective from the Sparkle account holder's next subscription renewal. Any new features that augment or enhance Sparkle, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of Sparkle will be deemed to constitute acceptance by the Sparkle account holder of all of the new Terms of Service. These Terms of Service may not otherwise be changed without our written consent.

We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Sparkle account holder may transfer any of your rights or obligations under these Terms of Service without our written consent.

If either your or we ignore any breach of these Terms of Service, it does not mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turn out to be invalid or unenforceable for some reason, it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to Sparkle, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access Sparkle.