Terms and Conditions of Use

1. Nature of the Platform

SparkRecall provides a digital platform enabling users to input, organise, and retrieve user-generated information for personal productivity purposes.

SparkRecall Operates as Infrastructure Only

SparkRecall does not review, verify, validate, endorse, or assume responsibility for user-submitted content. The Platform is a passive hosting service only.

You acknowledge and agree that:

• The Platform is NOT a backup or archival storage service
• The Platform is NOT designed for secure storage of sensitive or confidential data
• No guarantee of data availability, continuity, or preservation is made
• Use of the Platform is entirely at your own risk

2. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the Platform. By accessing the Platform, you represent and warrant that you meet this eligibility requirement.

3. Prohibited Content and Sensitive Information

3.1 Absolute Prohibition on Sensitive Data

3.2 User Responsibility for Content

You are solely and exclusively responsible for all content you submit to the Platform. SparkRecall does not monitor user-submitted content and has no obligation to do so. Responsibility for compliance with applicable laws regarding content submitted rests entirely with you.

4. No Warranty of Data Preservation

SparkRecall makes no guarantee, representation, or warranty that any data submitted to the Platform will be:

• Stored or preserved
• Maintained or backed up
• Retrievable at any given time
• Free from corruption, deletion, or modification
• Protected from unauthorised access

5. Security Disclaimer

While SparkRecall implements commercially reasonable technical and organisational security measures, you acknowledge and accept that:

• No digital system is completely secure
• Internet transmissions are inherently vulnerable to interception
• Security breaches, hacking, and system failures may occur despite reasonable precautions
• You assume all risks associated with submitting information to the Platform

This is a further reason why sensitive, special category, or confidential data must not be uploaded to the Platform (see Section 3). Should a security incident occur, SparkRecall's liability is expressly limited as set out in Section 6 below.

6. Disclaimer of Liability for Data Loss or Breach

To the fullest extent permitted by applicable law, SparkRecall shall have no responsibility or liability whatsoever for:

• Loss, corruption, or deletion of data (accidental or intentional)
• Failure to store or preserve data
• Inaccessibility of stored data
• Security breaches or unauthorised disclosure
• System errors, technical malfunction, or downtime
• Service interruption or termination of the Platform
• Acts of third parties, cyberattacks, or force majeure events

You expressly acknowledge that use of the Platform is at your sole risk.

7. GDPR Compliance and Data Processing

SparkRecall processes personal data in accordance with Regulation (EU) 2016/679 (GDPR), the Irish Data Protection Act 2018, and other applicable data protection laws. Full details are set out in our Privacy Policy.

7.1 Lawful Bases for Processing

Processing is based on one or more of the following lawful bases:

• Contractual necessity — to provide the Platform
• Legitimate interests — Platform security, fraud prevention, service improvement
• Legal obligation — where required by law
• Consent — where you have given express consent

7.2 Data Subject Rights

Where applicable, you have the right to: access, rectification, erasure, restriction of processing, data portability, objection, and withdrawal of consent. Requests may be sent to team@sparkrecall.com. We will respond within one calendar month as required by GDPR Article 12.

7.3 International Transfers

User data may be processed outside the European Economic Area. Where required, transfers are safeguarded using Standard Contractual Clauses (SCCs), adequacy decisions, or other lawful transfer mechanisms.

8. Global Use

The Platform may be accessed worldwide. You are solely responsible for compliance with local laws in your jurisdiction. SparkRecall makes no representation that the Platform is lawful or appropriate in every country.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

In no event shall SparkRecall be liable for any of the following, regardless of the legal theory on which the claim is based:

• Indirect, incidental, or consequential damages
• Special or punitive damages
• Loss of profits, business, goodwill, or opportunity
• Loss of or damage to data

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including applicable Irish and EU consumer protection legislation.

10. Indemnification

You agree to defend, indemnify, and hold harmless SparkRecall Limited, its directors, officers, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform
• Your violation of any provision of these Terms
• Your submission of prohibited content under Section 3
• Your breach of any applicable law or third-party rights

If SparkRecall incurs any regulatory fine, penalty, legal cost, or third-party claim as a result of your upload of prohibited content in breach of Section 3, you agree to fully indemnify SparkRecall Limited for all such costs. This obligation survives termination of these Terms.

11. Termination

SparkRecall may suspend or terminate your access to the Platform at any time, without notice, for any reason, including breach of these Terms. Upon termination:

• Your right to access the Platform ceases immediately
• SparkRecall may delete your stored data without liability
• Provisions that by their nature should survive (including Sections 3, 6, 9, 10, 12, and 13) shall continue to apply

12. Dispute Resolution

To the extent permitted by law, any dispute arising out of or relating to these Terms shall be referred to and finally resolved by binding arbitration seated in Dublin, Ireland, in accordance with applicable arbitration rules. You waive the right to trial by jury and to participation in class actions or collective proceedings.

If arbitration is found to be unenforceable in a particular jurisdiction, disputes shall be resolved exclusively in the courts of Ireland, subject to applicable consumer protection laws.

13. Class Action Waiver

You agree that any claims against SparkRecall shall be brought solely in your individual capacity. You may not bring or participate in any purported class action, collective action, or representative proceeding.

14. Intellectual Property

All intellectual property rights in the Platform, including software, design, and content, are owned exclusively by SparkRecall Limited. You are granted a limited, non-exclusive, revocable, non-transferable licence to use the Platform solely in accordance with these Terms. No other rights are granted.

15. Third-Party Services

The Platform may integrate with or link to third-party services. SparkRecall is not responsible for the content, security, privacy practices, or availability of any third-party service. Your use of third-party services is governed by their own terms and policies.

16. Force Majeure

SparkRecall shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including natural disasters, government action, cyberattacks, infrastructure failure, telecommunications outages, or pandemics.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Ireland, which as an EU Member State incorporates directly applicable European Union law, including but not limited to Regulation (EU) 2016/679 (GDPR), the Digital Services Act (EU) 2022/2065, and the ePrivacy Directive 2002/58/EC as implemented in Irish law.

Subject to Section 12, the courts of Ireland shall have exclusive jurisdiction over any dispute arising under these Terms. Nothing in this clause limits the right of a consumer to bring proceedings in the courts of their country of habitual residence where required by applicable mandatory consumer protection law.

UK Users: Where you access the Platform from the United Kingdom, UK GDPR, the UK Data Protection Act 2018, and applicable UK consumer protection legislation apply to your use of the Platform. The ICO is the relevant supervisory authority for UK users.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary, or severed, and the remaining provisions shall continue in full force and effect.

19. Modifications to These Terms

SparkRecall may modify these Terms at any time. Where changes are material, we will provide reasonable prior notice via email or a prominent notice on the Platform. Continued use of the Platform following such notice constitutes your acceptance of the revised Terms. If you do not accept the revised Terms, you must discontinue use.

20. Contact Information