Terms of Service

1. Acceptance of Terms

By accessing or using SmileSpark ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. These Terms apply to all users of the Service.

2. Description of Service

SmileSpark is a private family sharing platform that allows family members to share photos, videos, updates, and memories in a secure, ad-free environment. Our Service is designed to facilitate meaningful family connections while maintaining privacy and security.

3. Eligibility and Account Registration

• You must be at least 13 years old to create an account
• Children under 13 may use the Service with parental consent and supervision
• You must provide accurate and complete information during registration
• You are responsible for maintaining the security of your account
• One person may not maintain multiple accounts

4. Family Groups and Permissions

SmileSpark operates on a family-based permission system:

• Family Owners: Can manage family settings, invite/remove members, and moderate content
• Contributors: Can post content and interact with family members
• Viewers: Can view and react to content but cannot post
• Family Owners are responsible for managing appropriate content and behavior within their family groups

5. User Content and Conduct

Acceptable Use

You agree to use SmileSpark only for lawful purposes. You will not:

• Post content that is illegal, harmful, threatening, abusive, or violates others' rights
• Share content that contains hate speech, harassment, or discrimination
• Upload malicious software or attempt to compromise the platform's security
• Impersonate others or provide false information
• Use the Service for commercial purposes without permission

Content Ownership and License

• You retain ownership of content you post on SmileSpark
• You grant us a license to store, display, and deliver your content to your family members
• You are responsible for ensuring you have rights to any content you share
• You can delete your content at any time

6. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our Service, you consent to our data practices as described in the Privacy Policy.

7. Intellectual Property

SmileSpark's software, design, logos, and other intellectual property are owned by us or our licensors. You may not copy, modify, distribute, or create derivative works based on our intellectual property without permission.

8. Service Availability and Modifications

• We strive to provide reliable service but cannot guarantee 100% uptime
• We may modify, suspend, or discontinue features with reasonable notice
• We may update these Terms from time to time with advance notice
• Continued use of the Service constitutes acceptance of modified Terms

9. Account Termination

You may terminate your account at any time. We may suspend or terminate accounts that violate these Terms. Upon termination:

• Your access to the Service will cease
• Your content may be deleted according to our data retention policies
• Some provisions of these Terms will survive termination

10. Disclaimer of Warranties

SmileSpark is provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, SmileSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

12. Dispute Resolution

Any disputes arising from these Terms or your use of SmileSpark will be resolved through binding arbitration in accordance with Australian law. You waive any right to participate in class-action lawsuits.

13. Contact Information

If you have questions about these Terms of Service, please contact us via our Support page.