EULA (Apple and Google Play Apps)
End-User License Agreement ("Agreement")
Last updated: March 1, 2023
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading
or using the Spark Rewards App.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or
For the purposes of this End-User License Agreement:
- * Agreement means this End-User License Agreement that forms the entire agreement between You
and the Company regarding the use of the Application.
- * Application means the software program provided by the Company downloaded by You through an
Application Store’s account to a Device, named Spark Rewards
- * Application Store means the digital distribution service operated and developed by Apple Inc. (Apple
App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your
- * Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to
Spark Ventures LLC, 4799 Colorado Blvd., Denver, CO 80216.
- * Content refers to content such as text, images, or other information that can be posted, uploaded,
linked to or otherwise made available by You, regardless of the form of that content.
- * Country refers to: Delaware, United States
- * Device means any device that can access the Application such as a computer, a cellphone, or a digital
- * Family Sharing / Family Group permits You to share applications downloaded through the Application
Store with other family members by allowing them to view and download each other’s eligible
Applications to their associated Devices.
- * Third-Party Services means any services or content (including data, information, applications and
other products services) provided by a third-party that may be displayed, included or made available by
- * You means the individual accessing or using the Application or the company, or other legal entity on
behalf of which such individual is accessing or using the Application, as applicable.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by
the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not
click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the
Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore,
the Company is solely responsible for the Application and its content. Although the Application Store is
not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary
relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family
Group or volume purchasing, the use of the Application by those users is expressly subject to this
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms
of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download,
install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the
Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes
strictly in accordance with the terms of this Agreement.
You agree not to, and You will not permit others to:
- * License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise
commercially exploit the Application or make the Application available to any third party.
- * Copy or use the Application for any purpose other than as permitted under the above section
- * Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part
of the Application.
- * Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of
the Company or its affiliates, partners, suppliers or the licensors of the Application.
The Company is not responsible for the entries, information or content of the Application's users. You
expressly understand and agree that You are solely responsible for the Content and for all activity that
occurs under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable
Content include, but are not limited to, the following:
- * Unlawful or promoting unlawful activity.
- * Defamatory, discriminatory, or mean-spirited content, including references or commentary about
religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- * Spam, machine generated content or randomly generated content, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery
- * Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed
or intended to disrupt, damage, or limit the functioning of any software, hardware or
telecommunications equipment or to damage or obtain unauthorized access to any data or other
information of a third person.
- * Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright,
right of publicity or other rights.
- * Impersonating any person or entity including the Company and its employees or representatives.
- * Violating the privacy of any third person.
- * False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or
not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The
Company further reserves the right to make formatting and edits and change the manner any Content.
The Company can also limit or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, you
agree to use the Application at your own risk. You understand that by using the Application You may be
exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other
intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim
arising out of or relating to the Application. To the extend the Company is required to provide
indemnification by applicable law, the Company, not the Application Store, shall be solely responsible
for the investigation, defense, settlement and discharge of any claim that the Application or your use of
it infringes any third party intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with
respect to the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose
and in any way without any credit or any compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the
Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bugfixes, updates, upgrades and
Updates may modify or delete certain features and/or functionalities of the Application. You agree that
the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any
particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral
part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the
Application. To the extent that any maintenance or support is required by applicable law, the Company,
not the Application Store, shall be obligated to furnish any such maintenance or support.
The Application may display, include or make available third-party content(including data, information,
applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services,
including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency,
quality or any other aspect thereof. The Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-
party Services and links thereto are provided solely as a convenience to You and You access and use
them entirely at your own risk and subject to such third parties’ Terms and conditions.
The Company collects, stores, maintains, and shares information about You in accordance with Our
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its
sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or
without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that
you fail to comply with any provision of this Agreement. You may also terminate this Agreement by
deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of
the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity
in case of breach by You (during the term of this Agreement) of any of your obligations under the
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers,
employees, agents, partners and licensors (if any)harmless from any claim or demand, including
reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own
behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the
Application, including all implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing, course of performance, usage
or trade practice. Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any
representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the information, content, and materials or
products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the
accuracy, reliability, or currency of any information or content provided through the Application; or (iv)
that the Application, its servers, the content, ore-mails sent from or on behalf of the Company are free
of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law. To the extent any warranty exists under law that
cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its
suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall
be limited to the amount actually paid by You for the Application or through the Application or 100 USD
if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the
Application, third-party software and/or third-party hardware used with the Application, or otherwise in
connection with any provision of this Agreement), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its
licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special
consequential or exemplary damages that may be incurred by You, including any loss of data, whether
or not the Application Store or its representatives have been advised of or should have been aware of
the possibility of any such losses arising.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed
and interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation
under this Agreement shall not effect a party’s ability to exercise such right or require such performance
at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application. To the extent You have any
claim arising from or relating to your use of the Application, the Company, not the Application Store, is
responsible for addressing any such claims, which may include, but not limited to: (i) any product liability
claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory
requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States
government embargo, or that has been designated by the United States government as a "terrorist
supporting" country, and (ii)You are not listed on any United States government list of prohibited or
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is material, we will provide at least30 days’ notice prior to any new terms taking effect.
What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be
bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of
the Application. Your use of the Application may also be subject to other local, state, national, or
The Agreement constitutes the entire agreement between You and the Company regarding your use of
the Application and supersedes all prior and contemporaneous written or oral agreements between You
and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other
Company’s services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us:
- * By email: Help@sparkdispensary.com
- * By visiting this page on our website: https://www.sparkdispensary.com/contact-us
- * By phone number: 303-573-4800