imaSpark

imaSpark Terms of Service and Legal Disclaimers

Effective Date: July 24, 2026 · Last Updated: July 24, 2026

Important Notice. These Terms contain important provisions affecting your legal rights, including warranty disclaimers, limitations of liability, an agreement to resolve most disputes through individual binding arbitration, and a waiver of class-action and jury-trial rights. Please read these Terms carefully before accessing or using imaSpark.

1. Agreement to These Terms

These Terms of Service and Legal Disclaimers (“Terms”) are a legally binding agreement between you and Jigiya Tech, LLC, a Georgia limited liability company (“Jigiya Tech,” “imaSpark,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the imaSpark mobile application and website, the AI-powered characters (“Sparks”), voice and text interactions, free and paid subscriptions, and related features (collectively, the “Service”).

By downloading, installing, accessing, registering for, purchasing, or otherwise using any part of the Service, you agree to be bound by these Terms, our Privacy Policy, any published Community Guidelines, and applicable Apple App Store, Google Play, and payment-provider terms. If you do not agree, do not use the Service. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity.

2. Eligibility and Age Requirements

You must be at least 13 years old to use the Service. If you are under 18 (or the age of legal majority where you live), your parent or legal guardian must review and accept these Terms on your behalf, supervise your use, and accepts responsibility for charges incurred through the account. Sparks are AI systems and are not substitutes for parental supervision, teachers, counselors, therapists, or emergency personnel. The Service is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13.

3. Description of the Service

imaSpark is an AI-powered conversational and entertainment platform that lets users select, customize, and interact with animated virtual characters (“Sparks”) by text and voice. We may add, remove, modify, restrict, or discontinue any feature, Spark, voice, or model at any time, and we do not guarantee that any particular feature will remain available. The Service may vary by location, device, subscription plan, and applicable law.

4. Fundamental AI Disclosures

Sparks are fictional, computer-generated characters, not human beings. A Spark does not possess consciousness, self-awareness, emotions, personal experiences, or a personal relationship with you. A Spark may use conversational wording that appears personal, caring, or humanlike — that is a designed feature of the Service, not evidence that the Spark experiences emotion or understands you the way a person would. Do not treat a Spark as a real person or assume it can form binding commitments.

AI output is generated by automated systems that predict content based on patterns and context. It may be false, inaccurate, incomplete, outdated, biased, or presented confidently despite being wrong. We do not warrant that AI output is truthful, reliable, or suitable for any particular purpose — you are responsible for independently verifying anything you rely on. A Spark may not reliably remember prior conversations, keep a consistent personality, or interpret context accurately; memory features may be incomplete, altered, or reset. AI output may also be similar to content generated for other users — we do not guarantee it is unique or exclusively yours.

5. No Professional Advice

imaSpark is intended for entertainment, companionship, creativity, education, and general informational purposes. Neither Jigiya Tech nor any Spark is a licensed physician, nurse, psychologist, therapist, counselor, attorney, accountant, financial or investment adviser, or other regulated professional. AI output is not medical advice, diagnosis, treatment, psychotherapy, legal advice, financial advice, or any other professional service. Do not delay or avoid professional care because of something a Spark said. Before an important decision, consult a qualified professional who can evaluate your specific circumstances.

6. Crisis, Emergency, and Safety Disclaimer

imaSpark is not an emergency, crisis, or medical-alert service and is not a substitute for 911 or your local emergency number. If you or someone else may be in immediate danger, experiencing suicidal thoughts, considering self-harm, or in need of urgent help, immediately contact 911 (or your local emergency number), a crisis hotline — in the US, call or text 988 (988 Suicide & Crisis Lifeline) or text HOME to 741741 (Crisis Text Line) — or go to the nearest emergency facility. The Service may use automated systems to recognize language associated with crisis or self-harm and offer resources, but we do not guarantee that a crisis will be detected, that a warning will appear, or that any intervention will be timely or effective. Automated safety features are a supplementary safeguard only, never a substitute for emergency monitoring, and create no duty on our part to monitor, rescue, or intervene.

7. Accounts, Security, and User Responsibilities

You agree to provide accurate registration information, keep your credentials confidential, and notify us promptly of any suspected unauthorized access. You may not impersonate another person, share or sell your account, or misrepresent your age or identity. You are responsible for your use of the Service, for evaluating AI output before relying on it, and for not using the Service for decisions involving immediate safety, medication, legal deadlines, financial transactions, or any situation where an error could cause serious harm.

8. Acceptable Use

You may not use the Service to violate any law; exploit, endanger, or sexualize a minor; encourage suicide, self-harm, or violence; harass, threaten, or impersonate another person; commit fraud; create malware; attempt to bypass safety systems or access controls; reverse-engineer or extract the Service’s models, prompts, or proprietary systems; scrape or harvest data without permission; use the Service to train a competing AI system; or create nonconsensual sexual content. We may investigate suspected violations and suspend or terminate accounts as necessary to enforce these Terms or protect users.

9. User Content and AI Output

You retain whatever ownership rights you lawfully hold in content you submit (“User Content”), such as saved recipes or things you create through the app. By submitting User Content, you grant Jigiya Tech a license to host, process, and use it as reasonably necessary to provide and improve the Service, as described in our Privacy Policy. Do not submit information you don’t want processed by an AI system — Social Security numbers, full financial credentials, passwords, or medical records, for example.

Subject to these Terms, we permit you to use AI output generated for you for lawful personal purposes. This does not transfer ownership of a Spark, its name, voice, personality, or the underlying software and prompts — those remain Company Content, owned by or licensed to Jigiya Tech. You may not represent a Spark as a real person or claim AI output as verified professional advice.

10. Subscriptions, Billing, and Automatic Renewal

Unless stated otherwise at purchase, paid subscriptions automatically renew for successive billing periods until canceled. Purchases made via the Apple App Store or Google Play must be managed and canceled through your Apple ID or Google Play account settings; direct/web purchases are managed through Stripe’s billing portal in Settings. Deleting the app or your account does not automatically cancel a subscription. Cancellation takes effect at the end of the current paid billing period. Except where required by law or stated at purchase, payments are final and non-refundable — refunds for App Store or Play Store purchases are handled under that marketplace’s own refund process, which we do not control. We may change prices or plan features with notice where required by law; a price change ordinarily applies to a subsequent renewal period, not the one you already paid for.

11. Privacy and Data Processing

Our Privacy Policy explains how we collect, use, disclose, and protect information, including voice data. By using the Service, you acknowledge information may be processed in the United States and other countries where Jigiya Tech or its service providers operate. Do not assume conversations with a Spark are confidential or privileged.

12. Voice, Audio, and Synthetic Media

Some features use voice recognition, transcription, or speech synthesis. You authorize processing of audio you intentionally submit as necessary to provide those features. You may not use the Service to clone another person’s voice without their authorization, impersonate someone, or create deceptive synthetic media. Synthetic speech may contain errors or unintended wording, and a particular voice’s availability may change for licensing or technical reasons.

13. Third-Party Services

The Service relies on third-party providers, including AI-language, voice, cloud-hosting, authentication, and payment providers, Apple, and Google. Third-party services are controlled by their own providers and subject to their own terms — we are not responsible for their availability, content, or security, except to the extent liability cannot lawfully be excluded.

14. Beta and Experimental Features

Features we identify as beta, experimental, or early access may be incomplete, may change or be withdrawn without notice, and are provided without service commitments or warranties. You use them at your own risk.

15. Suspension, Termination, and Account Deletion

You may stop using the Service, or permanently delete your account, at any time from Settings. Deleting your account permanently removes your account record and associated data — this cannot be undone. Deleting your account does not cancel an active subscription — you must cancel a paid subscription separately through the App Store, Google Play, or Stripe as described in Section 10, or it will continue billing.

We may suspend or terminate your access if we reasonably believe you violated these Terms, presented a security risk, or if required by law or a marketplace. Where reasonable, we will provide notice and a chance to correct a violation; we may act immediately in serious or urgent cases. Termination does not automatically entitle you to a refund.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, SPARKS, AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free; that AI output will be accurate or appropriate; that a Spark will remember information or stay consistent; or that the Service will detect a crisis, threat, or emergency. Some jurisdictions do not allow exclusion of certain warranties, so this disclaimer applies only to the extent permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JIGIYA TECH WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED SUCH DAMAGES WERE POSSIBLE. Our total aggregate liability for any claim relating to these Terms or the Service will not exceed the greater of the amount you paid us in the 12 months before the claim, or $100. Nothing here excludes liability that cannot lawfully be excluded, including for fraud, willful misconduct, gross negligence, or death or personal injury.

18. Indemnification

To the extent permitted by law, you agree to defend and indemnify Jigiya Tech against third-party claims arising from your use of the Service, your User Content, your violation of these Terms or applicable law, or your infringement of another person’s rights. This section does not apply to an individual consumer to the extent prohibited by applicable law.

19. Dispute Resolution and Binding Arbitration

Before starting arbitration or a lawsuit, you agree to send a written Notice of Dispute to Legal@jigiyatech.com and attempt informal resolution for 60 days. Except for disputes eligible for small-claims court, an action for injunctive relief, or an intellectual-property claim, you and Jigiya Tech agree that disputes will be resolved through final, binding, individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association. You may opt out of arbitration by sending written notice to Legal@jigiyatech.com within 30 days of first accepting these Terms. You and Jigiya Tech agree that claims may be brought only individually, not as a class, collective, or representative action, and, to the extent any dispute proceeds in court, both parties waive the right to a jury trial, except where such waivers are prohibited by law.

20. App Marketplace Terms

If you download imaSpark through Apple’s App Store or Google Play, these Terms are between you and Jigiya Tech, not Apple or Google — the marketplace operator is not responsible for the Service. Apple and Google may enforce their own terms against you, and mandatory marketplace requirements control to the extent they conflict with these Terms. Apple and its subsidiaries are third-party beneficiaries of the Apple-specific provisions of these Terms.

21. Governing Law and Venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of Georgia, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration provisions. Subject to mandatory consumer law, judicial proceedings must be brought in the state or federal courts located in Fulton County, Georgia.

22. Copyright Complaints

If you believe material available through the Service infringes your copyright, send a notice identifying the work, the allegedly infringing material, your contact information, and a good-faith statement of unauthorized use to our Copyright Agent:

Jigiya Tech, LLC · Attn: Copyright Agent
8735 Dunwoody Place, #12443
Atlanta, Georgia 30350
Email: Legal@jigiyatech.com

23. Changes to These Terms

We may revise these Terms to reflect changes to the Service, the law, or App Marketplace requirements. The “Last Updated” date above will reflect the latest revision, and we’ll give reasonable notice of material changes where required. Continued use of the Service after a revision takes effect means you accept the revised Terms, where permitted by law.

Contact

Jigiya Tech, LLC · 8735 Dunwoody Place, #12443 · Atlanta, Georgia 30350