Terms of Service
These Terms of Service govern access to https://sparku.ai and purchases from SparkU. By using the website, creating an account, uploading content, joining a Group Pre-order, or placing an order, you agree to these Terms and the policies incorporated by reference.
1. About SparkU
SparkU is operated by Guangzhou Spark International Cultural Communication Co., Ltd.. We are the seller of record and the party responsible for customer payments, order acceptance, production coordination, delivery, cancellations, refunds, and customer support.
Independent creators may contribute concepts, designs, or promotional services. Creators are not the seller of your order, do not receive your payment directly, and do not independently control refunds or customer service.
2. Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a contract to place an order. If you submit an image of a minor, you confirm that you are the minor's parent or legal guardian, or that you have obtained the guardian's valid permission.
You are responsible for providing accurate account, contact, billing, customization, and shipping information and for protecting your login credentials. We may suspend an account where reasonably necessary to investigate fraud, misuse, security incidents, or violations of these Terms.
3. Products and Made-to-Order Services
SparkU offers made-to-order products, initially including custom rings and custom 3D figurines. The product page, approved design, and order confirmation state the applicable materials, dimensions, options, price, production estimate, and other specifications.
Digital images, AI-assisted previews, CAD files, and 3D renderings are design-review tools. Because products are made to order and may include hand finishing, the final item may have minor differences in color, texture, proportion, or fine detail. These normal variations are not defects. This does not limit your rights if an item is damaged, incorrect, materially defective, or materially different from the approved specifications.
A design preview is provided for confirmation before production. The quoted price does not include free customer-requested redesigns unless the product page says otherwise. We will correct errors caused by SparkU without charge. Other requested changes may require an additional fee and revised schedule, which we will disclose before proceeding.
4. Design Approval and Customer Response
Production begins when you confirm the applicable CAD design or other final design preview. Your approval confirms that the design, spelling, size, layout, and visible specifications are acceptable.
If you do not respond within three calendar days after we request design approval or necessary information, we may pause or cancel the order. Any refund will be handled under the Cancellation & Group Pre-order Policy and applicable law.
5. Orders, Prices, and Payment
Prices are displayed primarily in U.S. dollars. The final amount, shipping charge, available expedited shipping charge, tax treatment, and any discount will be shown before you place the order. We may correct an obvious pricing or listing error before accepting or producing an order; if we cannot honor the displayed order, we will offer a reasonable alternative or a full refund.
Payment is processed by independent payment providers. We do not ordinarily receive or store your complete card number. Your payment provider may apply its own terms, fraud checks, authorization periods, currency conversion, and posting times.
An order confirmation acknowledges receipt but does not require us to accept an unlawful, infringing, technically infeasible, fraudulent, or incorrectly priced order. If we reject an order before fulfillment, we will release the authorization or refund the amount collected, subject to the timing of the payment provider.
6. Group Pre-orders
A Group Pre-order is a conditional purchase of a physical made-to-order product that proceeds when the stated minimum production quantity is reached. It is not a donation, investment, security, deposit product, or purchase of equity, profit-sharing, interest, dividends, ownership, or any other financial return.
- The minimum production quantity is shown on each project page and is generally set between 20 and 30 confirmed orders.
- The project page displays the opening period and closing date, generally between 7 and 30 days.
- Your payment method may be authorized when you join. We intend to capture payment only after the goal is reached. If an authorization expires, we may ask you to authorize payment again; you will not be charged without a valid authorization.
- If the goal is not reached, we will release the authorization. If any payment was collected, we will initiate a full refund to the original payment method within seven business days after the project closes.
- Once the goal is reached, production begins after you approve the final design. Cancellation rights are explained in the Cancellation & Group Pre-order Policy.
7. Customer Content and Intellectual Property
You retain the rights you hold in photographs, designs, text, names, logos, and other material you submit. You grant SparkU and our service providers a limited, worldwide license to host, copy, process, adapt, transmit, and use that material only as reasonably necessary to review, design, manufacture, deliver, support, and protect your order.
We will not use your submitted content to market SparkU or publicly display the finished product without separate permission. If you separately agree to a showcase, that permission does not automatically permit paid advertising unless we obtain additional consent.
You represent that you own the submitted content or have all permissions needed for customization, including copyright, trademark, privacy, publicity, and portrait rights. Unless you provide satisfactory authorization, you must not submit celebrity likenesses, film or game characters, brand logos, or other protected content.
We may reject or remove content that is illegal, infringing, hateful, discriminatory, sexually exploitative, harmful to minors, threatening, violent, invasive of privacy or publicity rights, or otherwise reasonably likely to cause harm or legal liability.
8. SparkU and Creator Intellectual Property
The website, software, product presentation, SparkU branding, platform content, and technology are owned by or licensed to SparkU and are protected by applicable laws. Designs contributed by independent creators may be used by SparkU under separate creator agreements. Purchasing a product does not transfer platform intellectual property, creator copyrights, manufacturing files, or commercial reproduction rights unless expressly stated in writing.
9. Shipping, Returns, Refunds, and Cancellations
The Shipping & Delivery Policy, Returns & Refunds Policy, and Cancellation & Group Pre-order Policy form part of these Terms. Personalized products are generally not returnable for change of mind, but we provide remedies for eligible damage, incorrect items, manufacturing defects, missing components, and material differences from approved specifications.
10. Prohibited Use
- Using the website for unlawful, fraudulent, deceptive, abusive, or infringing activity.
- Attempting to interfere with security, availability, accounts, payments, or technical systems.
- Scraping, reverse engineering, or commercially exploiting the service except where applicable law does not permit restriction.
- Submitting malware, false information, unauthorized personal data, or content prohibited by these Terms.
11. Third-Party Services
Payment, AI processing, cloud hosting, customer support, manufacturing, and logistics services may be provided by third parties. Their services may be subject to separate terms and privacy notices. SparkU remains responsible for its obligations to you as the seller, but is not responsible for independent services outside our reasonable control except where applicable law provides otherwise.
12. Disclaimer and Limitation of Liability
To the maximum extent permitted by law, the website and preview tools are provided on an 'as available' basis. We do not guarantee uninterrupted access or exact visual identity between a digital preview and a handcrafted physical product.
To the maximum extent permitted by law, SparkU will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the website or an order. Our aggregate liability relating to an order will not exceed the amount you paid for that order.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, gross negligence where applicable, death or personal injury caused by negligence, or mandatory consumer rights.
13. Indemnity
To the extent permitted by law, you agree to indemnify SparkU against third-party claims, losses, and reasonable costs arising from content you submit, your infringement of another person's rights, your unlawful misuse of the website, or your material breach of these Terms. This obligation does not apply to the extent a claim was caused by SparkU's own breach or misconduct.
14. Events Outside Our Reasonable Control
We are not responsible for delay caused by events outside our reasonable control, including carrier disruption, customs action, natural disasters, public-health emergencies, war, civil disorder, governmental restrictions, labor disruption, utility failure, or major service-provider outages. We will take reasonable steps to reduce the impact and will provide the remedies required by applicable law and our published policies.
15. Governing Law and Disputes
These Terms are governed by the laws of the People's Republic of China, without regard to conflict-of-law rules. Courts with jurisdiction in Guangzhou, China will have jurisdiction over disputes, except that this clause does not deprive you of non-waivable consumer protections or the right to bring a claim in another forum where mandatory law requires it.
Before filing a formal claim, we encourage you to contact Customer Support with your order number and requested resolution. This request does not shorten any legal deadline or prevent you from using rights provided by your payment provider or applicable law.
16. Changes to These Terms
We may update these Terms for legal, operational, security, or service changes. For a material change, we will post a prominent notice and, where appropriate, email registered users at least seven days before the change takes effect. The version in effect when your order is placed generally governs that order unless a change is required by law or benefits you.
17. Language
The English version controls if there is a conflict with a translation, except where applicable law requires another version or interpretation to prevail.
Contact Us
Customer Support: support@sparku.ai
Support Hours: 9:00 a.m. to 5:00 p.m. Eastern Time on business days
Registered Address: Room A302, 4th Floor, Building C, Qili, No. 79 Yinping Road, Shatou Subdistrict, Panyu District, Guangzhou, Guangdong Province, China