Terms of service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case "you" refers to the organization. If you do not have authority, or if you disagree with these Terms, do not use the Service.

Additional terms may apply to specific features or offerings (for example an Enterprise Agreement, Data Processing Addendum, or Beta Program Addendum). Any such additional terms become part of your agreement with us when you accept them.

atSpark is a B2B analytics platform that lets you connect billing, CRM, and subscription systems, compute SaaS metrics, explore pre-built dashboards, embed BI tools, and query your data in plain English through AI Assist. The specific features available to you depend on your plan.

We continuously improve the Service. We may add, modify, or remove features; we will not materially decrease the core functionality of your current paid plan during an active billing term without offering a refund or alternative.

Parts of the Service may be designated as "beta," "early access," or "preview." Beta features are provided for evaluation and are subject to change, instability, and limited support. Service-level commitments, uptime targets, and published SLAs do not apply to beta features unless expressly stated.

You agree that feedback you share about beta features is non-confidential and that we may use it to improve the Service without restriction or compensation.

To use the Service you must:

• Be at least 16 years old and capable of forming a binding contract.
• Provide accurate and current registration information and keep it up to date.
• Keep your password and multi-factor authentication secrets confidential.
• Notify us promptly at security@atspark.com of any unauthorized access or suspected breach.

You are responsible for all activity under your account and for the acts and omissions of users you invite or authorize.

Paid plans are sold as monthly or annual subscriptions. Fees, currencies, and included quantities are described on our pricing page or in your order form.

Renewal

Subscriptions renew automatically for successive terms equal in length to the prior term unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.

Invoicing & taxes

Fees are invoiced in advance and are non-refundable except where expressly stated or required by law. Fees are exclusive of taxes; you are responsible for any applicable VAT, GST, sales, or withholding taxes other than taxes on our net income.

Overages & upgrades

If you exceed quantity limits included with your plan, we will notify you and may apply overage fees or ask you to upgrade. We will not charge overages retroactively without prior notice.

Late payment

Undisputed invoices are due within 30 days of issue. Late balances may accrue interest at 1.0% per month (or the maximum allowed by law) and we may suspend the Service while amounts remain unpaid after reasonable notice.

You agree not to, and not to help anyone else:

• Use the Service in violation of any law, regulation, or third-party right.
• Upload malware, exploit code, or content that infringes intellectual property.
• Probe, scan, or circumvent the security, rate limits, or access controls of the Service.
• Reverse engineer, decompile, or create derivative works of the Service except to the extent this restriction is prohibited by law.
• Use the Service to build a competing product or to benchmark without our prior written consent.
• Resell, sublicense, or lease access to the Service, or share accounts among multiple individuals.
• Process special categories of personal data (for example health, biometric, or government-ID data) unless you have executed an addendum with us covering that use.

We may suspend access, remove content, or terminate accounts that violate this section, with or without notice depending on the severity of the violation.

As between you and us, you own all data, content, and materials that you or your users submit to or generate through the Service ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, display, and create derived analytics from Customer Data solely to provide, secure, and improve the Service.

You are responsible for the accuracy, legality, and appropriate use of Customer Data and for obtaining all consents and rights required to connect third-party sources. We process personal data in Customer Data as described in our Privacy Policy and any applicable Data Processing Addendum.

Upon termination, we will make Customer Data available for export for 30 days; after that we will delete it from production systems in accordance with our retention schedule, except backups that cycle out on a defined schedule.

The Service connects to third-party applications such as Stripe, HubSpot, QuickBooks, Zoho, Power BI, Tableau, QuickSight, and Metabase. Those applications are provided by their respective owners under their own terms and privacy policies. We are not responsible for third-party products, and enabling any integration is your choice.

If a third party changes its API, pricing, or availability, the corresponding functionality in atSpark may be affected. We will use reasonable efforts to maintain integrations and to notify you of material changes.

The Service, including software, design, documentation, trademarks, and all related intellectual property, is owned by atSpark or its licensors. Subject to your compliance with these Terms and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.

We may produce aggregated, de-identified statistics derived from use of the Service that do not identify you or your users, and use such statistics to operate and improve our business.

Each party may receive non-public information from the other that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform its obligations under these Terms, protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and not disclose it except to employees, contractors, and advisors bound by similar obligations.

Confidential Information does not include information that is or becomes public without fault of the receiving party, was lawfully known before disclosure, is received from a third party without restriction, or is independently developed.

Except as expressly set out in these Terms, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

Analytics and insights produced by the Service, including AI Assist responses, are informational and should not be relied upon as the sole basis for financial, tax, legal, or investment decisions. You are responsible for validating outputs before acting on them.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.

Each party's total aggregate liability for all claims arising out of or relating to these Terms will not exceed the fees paid or payable by you to atSpark for the Service during the 12 months preceding the event giving rise to the claim. These limitations apply regardless of the form of action, whether in contract, tort, or otherwise.

Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under applicable law.

You will defend, indemnify, and hold atSpark, its affiliates, and their personnel harmless from third-party claims, damages, and reasonable costs (including attorneys' fees) arising from: (a) Customer Data; (b) your use of the Service in violation of these Terms or applicable law; or (c) your infringement of a third party's intellectual-property rights.

We will defend, indemnify, and hold you harmless from third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes a valid US patent, copyright, or trademark. Our indemnity does not cover claims arising from Customer Data, third-party integrations, or modifications not made by us.

These Terms take effect when you first accept them and continue until your account is terminated.

Termination for convenience

You may stop using the Service at any time and cancel your subscription through account settings. Cancellation takes effect at the end of your current billing term; prepaid fees are not refundable except where required by law.

Termination for cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches and fails to cure within 30 days after written notice of the breach, or immediately if the breach is not capable of cure.

Effect of termination

Upon termination, your right to access the Service ends. Sections that by their nature should survive termination (including fees accrued, IP, confidentiality, disclaimers, limits of liability, indemnification, and governing law) will survive.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. The exclusive venue for any dispute that is not subject to arbitration is the state or federal courts located in Delaware, and each party consents to personal jurisdiction in those courts.

Before filing a formal dispute, the parties will first attempt in good faith to resolve the matter through direct discussion. Either party may elect to resolve disputes by binding individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association; neither party will be required to arbitrate small-claim matters or injunctive relief for IP infringement. Class actions and class-wide arbitration are waived to the extent permitted by law.

We may update these Terms from time to time. When we make material changes we will notify you by email or through a prominent notice in the Service at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Service and contact us to close your account.

• Entire agreement — these Terms, together with any addenda and order forms, constitute the entire agreement between the parties and supersede any prior agreements on the same subject.
• Assignment — you may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force majeure — neither party is liable for delays or failures caused by events beyond its reasonable control.
• Severability — if any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver — failure to enforce any right is not a waiver of that right.
• Notices — legal notices to atSpark must be sent to legal@atspark.com; we may send notices to the email address associated with your account.
• Independent contractors — the parties are independent contractors; nothing in these Terms creates a partnership, joint venture, or employment relationship.

For questions about these Terms, contact us at legal@atspark.com. For general inquiries, email contact@atspark.com.