Terms & Conditions

1. Acceptance of Terms

By accessing and using the Made to Spark content creation and social media publishing service ("Service"), you accept and agree to be bound by the terms and provision of this agreement.

If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Made to Spark provides an AI-powered content creation and publishing platform that:

• Generates AI-powered Pinterest pin images based on successful design patterns
• Provides AI text correction and editing on generated images
• Offers campaign-based scheduling and automated publishing to Pinterest, Facebook Pages, and Instagram
• Integrates with WordPress and Shopify for article publishing
• Connects with Etsy to import product images for pin creation
• Provides layout, color, and aesthetic recommendations for viral pins
• Allows you to use your own API keys (BYOK - Bring Your Own Keys) or purchase credits

3. User Accounts

To use our Service, you must:

• Be at least 18 years old or have parental consent
• Register for an account with valid information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer several ways to use the Service:

• Credit Subscriptions: Monthly or annual plans that include a recurring allocation of credits for AI image generation
• Pay-As-You-Go (PAYG) Credit Packs: One-time purchases of credit packs that expire after a set period
• BYOK (Bring Your Own Keys): Monthly or annual plans for unlimited generation using your own API keys

4.2 Payment Processing

Payments are processed securely through Stripe. By using our Service, you agree to Stripe's terms of service and privacy policy.

4.3 Billing and Renewal

• Subscriptions automatically renew unless cancelled
• You will be charged the applicable fee at the beginning of each billing period
• Price changes will be communicated 30 days in advance
• No refunds for partial months or unused features

4.4 Cancellation and Refund Policy

We offer refunds under the following conditions (you can request via chat or email):

• Subscriptions: You may cancel your subscription within 7 days of any billing charge — including automatic renewals — and receive a full refund for that billing cycle, provided you have used fewer than 20 credits during that period. Only the most recent charge is eligible for a refund; prior billing cycles cannot be refunded. If you have consumed 20 or more credits, the subscription is considered used and is no longer eligible for a refund. To request a refund, reach out through the chat or email paul [at] madetospark.com.
• Pay-As-You-Go (PAYG) Credit Packs: If you have purchased credits, you may request a refund within 7 days of purchase if you have used less than 20% of your purchased credits. To request a refund, reach out through the chat or email paul [at] madetospark.com.
• One refund per account: Each account is entitled to a single refund only. If a refund has already been issued for your account, no further refunds will be granted. Requesting a second refund may result in your account being permanently suspended.

5. API Key Requirements

Our BYOK (Bring Your Own Keys) system requires you to provide:

• Valid OpenAI API key for pin analysis and image generation
• Valid Ideogram API key for image generation
• Optionally, an Anthropic (Claude) API key for content generation
• Sufficient API credits with each provider for your usage

We are not responsible for:

• API rate limits or quota exceeded errors
• API service outages or downtime
• Costs associated with your API usage

6. Acceptable Use Policy

You agree not to use the Service to:

• Generate content that violates copyright or intellectual property rights
• Create content that is illegal, harmful, or offensive
• Attempt to reverse engineer or hack our systems
• Use the Service for commercial purposes without proper licensing
• Share your account credentials with others
• Generate excessive requests that could impact service performance

7. Intellectual Property

7.1 Our Rights

Made to Spark retains all rights to:

• The Service platform and technology
• Our brand, trademarks, and logos
• Analytics and aggregated usage data

7.2 Your Rights

You retain rights to:

• Generated images created through the Service (whether via credits or your own API keys), subject to the terms of the underlying AI providers
• Your original content and keywords
• Your Pinterest pins, Facebook posts, Instagram posts, and marketing materials

7.3 Third-Party Content

Screenshots of Pinterest pins are for analysis purposes only. You must respect Pinterest's terms of service and copyright laws when using generated content.

7.4 Third-Party Trademarks

The term "Etsy" is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc. The term "Pinterest" is a trademark of Pinterest, Inc. The terms "Facebook," "Instagram," and "Meta" are trademarks of Meta Platforms, Inc. This application uses the Meta Graph API and Instagram Content Publishing API but is not endorsed or certified by Meta Platforms, Inc. The term "Shopify" is a trademark of Shopify Inc. All other trademarks are the property of their respective owners.

8. Platform Integrations

The Service allows you to connect third-party platforms for automated content publishing. By connecting a platform, you acknowledge and agree that:

• You have the authority to publish content to the connected account or page
• You are responsible for all content published through our Service to your connected platforms
• You must comply with the terms of service of each connected platform (Pinterest, Facebook, Instagram, WordPress, Shopify, Etsy)
• We are not responsible for actions taken by third-party platforms on your account, including content removal, account suspension, or changes to their API
• You may disconnect any platform at any time via Settings > Integrations
• Upon disconnection, scheduled posts for that platform will be cancelled and stored tokens will be permanently deleted

8.1 Facebook and Instagram

When connecting Facebook or Instagram, you authorize Made to Spark to publish content on your behalf. Specifically:

• Facebook requires a Facebook Page (not a personal profile). We publish photos and messages to your Page.
• Instagram requires a Business or Creator account. We publish images and captions to your account.
• We do not access your personal Facebook profile, friend lists, direct messages, or any data beyond what is needed for publishing.
• You can revoke access at any time from our app or directly from your Facebook or Instagram settings.

9. Service Availability

We strive to maintain high service availability but cannot guarantee:

• 100% uptime or uninterrupted service
• Compatibility with all browsers or devices
• Performance during peak usage periods
• Availability of third-party API services

10. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.

• We collect and process data as described in our Privacy Policy
• Generated images are stored for 60 days then automatically deleted
• You can request deletion of your data at any time

11. Limitation of Liability

To the maximum extent permitted by law:

• Made to Spark shall not be liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not responsible for losses due to third-party API failures
• We do not guarantee the success or performance of generated Pinterest pins, Facebook posts, or Instagram posts

12. Indemnification

You agree to indemnify and hold harmless Made to Spark from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your use of generated content

13. Termination

13.1 Termination by You

You may cancel your subscription at any time through your account settings. Your access will continue until the end of your current billing period.

13.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You fail to pay subscription fees
• We discontinue the Service

14. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Good faith negotiations between parties
2. Mediation if negotiations fail
3. Binding arbitration in accordance with applicable law

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of **France**, without regard to conflict of law principles.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service. Your continued use after changes constitutes acceptance of the new Terms.

17. Contact Information

For questions about these Terms, please contact us:

• Email: info@madetospark.com
• Address: 21 Rue de l'Eglise, Vincennes, France
• SIREN: 940117690