Legal

Terms & Conditions

Last updated: 4 October 2026  ·  Effective: 4 October 2026

These Terms and Conditions ("Terms") govern all services provided by Sparkle5, LLC, a limited liability company formed under the laws of the State of Wyoming, USA, with its registered address at 30 N. Gould Street #10391, Sheridan, WY 82801, USA (hereinafter "Sparkle5", "we", "us", or "our").

By placing an order, accessing the client portal, or using any Sparkle5 service, you ("Client", "you") agree to be bound by these Terms. If you do not agree, do not use our services.

Business customers only. Our services are offered exclusively to businesses, i.e. persons acting in the course of their trade, business, craft or profession. By placing an order you confirm that you are not a consumer. Consumer protection rules that apply only to consumers, including any statutory right of withdrawal, therefore do not apply.

1. Services

Sparkle5 provides the following services:

  • Platform Hosting (White-Label Dating Platform) — Deployment and ongoing managed operation of a white-label dating platform on dedicated server infrastructure. The service includes software updates, server maintenance, SSL management, and technical support as specified in the subscribed plan.
  • Game Monetisation Services — Consulting, integration, and operational services to help online game publishers implement payment infrastructure, subscription models, and premium currency systems. Terms for game monetisation engagements are agreed separately in writing.

Service specifications, including capacity limits, regions, and support SLAs, are set out on the applicable pricing page and in your order confirmation.

2. Subscriptions and Billing

2.1 Contract Term and Renewal

Platform Hosting subscriptions are concluded for a fixed initial term of 12 months, beginning on the date of successful payment. At the end of each term, the subscription renews automatically for a further 12 months unless either party gives notice of termination in accordance with Section 2.5.

2.2 Pricing

All prices are quoted and billed in EUR or USD as selected at checkout, exclusive of any applicable value-added tax (VAT), goods and services tax (GST), or equivalent indirect taxes. Any such taxes are your responsibility and will be shown separately at checkout where required by law. Subscriptions hosted in the Singapore region are charged at 125% of the base plan price. New subscriptions carry a one-time setup fee as shown on the pricing page, charged together with the first payment. The setup fee covers provisioning work performed at the start of the contract and is non-refundable. Object storage used above the amount included in your plan, and outgoing traffic for serving pictures and other media (egress), are charged per GB at the rates shown on the pricing page; they are measured monthly and invoiced monthly in arrears.

2.3 Payment

The fee for each 12-month term is invoiced and payable annually in advance. Payment is processed via our secure payment provider. You authorise us to charge the payment method on file for all amounts due, including the fee for each renewal term. If a payment fails, we will retry up to three times over seven days. Continued failure may result in suspension of the service; suspension does not release you from your payment obligations.

2.4 Commitment for the Full Term

You commit to the subscription for the full 12-month term. Because we reserve dedicated server infrastructure and resources for you for the entire term, the annual fee is owed for the full term even if you stop using the service or terminate before the term ends. Fees already paid are not refunded, in whole or in part, for any unused portion of a term, except where Sections 2.7 or 12 expressly provide otherwise or where mandatory law requires a refund.

2.5 Notice of Termination (3 Months)

Either party may terminate the subscription with effect from the end of the current term by giving at least three (3) months' written notice before the end of that term. Notice from you must be sent by email to support@sparkle5.com from the email address registered on your account, or by post to the address in Section 1, and must identify your account. Notice is effective when received; we will confirm receipt in writing. Notice received less than three months before the end of a term takes effect at the end of the following term.

2.6 Renewal Reminder

At least 15 and no more than 30 days before the last day on which notice of termination can be given for a term, we will send a written reminder to the email address on your account stating the date the current term ends, the notice deadline, and that the subscription will otherwise renew automatically for a further 12 months at the then-current price.

2.7 Customers in the European Union — Switching

If you are established in the European Union, you may additionally request at any time to switch to another provider or to on-premises infrastructure, or to have your data exported and the service terminated, in accordance with Regulation (EU) 2023/2854 (the EU Data Act). The notice period for such a request is two (2) months. After it expires, we will complete the transition within 30 days and make your exportable data available for retrieval for at least 30 days. The contract ends once the switching process has been completed. In that case, the fees for the remainder of the committed 12-month term remain payable as an early termination fee, reflecting the dedicated infrastructure reserved for you for that term; this fee is reduced by any costs we save as a result of the early termination. We do not charge separate switching or data-egress fees.

2.8 Price Changes

We may change the price that applies to a renewal term. We will notify you in writing of any price increase at least 30 days before the notice deadline for the current term under Section 2.5. If we notify you later than that, you may terminate the subscription with effect from the end of the current term by written notice given at any time before the renewal date. Prices within a term that has already begun will not change.

3. Provision of Service

We aim to provision your hosting environment within 1 business day of confirmed payment. We will send setup credentials to the email address provided at checkout.

We reserve the right to modify or update the underlying software platform at any time. We will endeavour to communicate significant changes in advance. Updates that improve functionality, security, or compliance do not constitute a material change to the service.

4. Client Obligations

  • You are responsible for all content uploaded by you or your end users to the hosted platform.
  • You must ensure your use of the platform complies with all applicable laws in the territories where you operate, including but not limited to GDPR, DSA, and applicable consumer protection law.
  • You must not use the service to host illegal content, content that infringes third-party intellectual property rights, or content involving minors in a sexual context.
  • You must supply your own payment gateway credentials and are solely responsible for your payment accounts, tax obligations on end-user transactions, and compliance with your payment provider's terms of service.
  • You must keep your portal login credentials confidential and notify us immediately of any suspected unauthorised access.

5. Acceptable Use

You may not use the service to:

  • Transmit spam, malware, or any malicious code;
  • Conduct distributed denial-of-service attacks or attempt to gain unauthorised access to any system;
  • Violate any applicable law or regulation;
  • Resell or sublicense the raw infrastructure without our written consent (white-label branding of the end-user product is permitted and intended).

We may suspend access immediately and without notice if we reasonably believe a violation has occurred, pending investigation.

6. Data and Privacy

We process personal data as described in our Privacy Policy. With respect to your end users' personal data stored on the hosted platform, you are the data controller and Sparkle5 acts as a data processor. A Data Processing Agreement is available upon request.

7. Intellectual Property

Sparkle5 retains all intellectual property rights in the platform software. You are granted a non-exclusive, non-transferable licence to use the platform for the duration of your subscription, subject to these Terms. Your brand assets (logo, name, custom content) remain your property.

8. Uptime and SLA

Scale plan subscribers receive a 99.9% and Enterprise plan subscribers a 99.99% monthly uptime SLA for the hosting environment. Starter and Growth plans are provided on a best-effort basis. Scheduled maintenance windows are excluded from SLA calculations. Uptime credits, if applicable, are applied as service credits toward future invoices and do not constitute a cash refund.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARKLE5 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. SPARKLE5'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SPARKLE5 IN THE THREE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sparkle5 and its officers, employees, and agents from any claims, damages, liabilities, costs, and expenses arising out of your use of the service, your content, or your violation of these Terms.

11. Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

12. Termination

Either party may terminate the subscription for cause if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice. We may terminate immediately for breaches of Sections 4 and 5 or if you fail to pay amounts due within 30 days of the due date.

If we terminate for cause, the fees for the remainder of the current term remain payable. If you terminate for cause because of our uncured material breach, we will refund the prepaid fees for the unused portion of the current term on a pro-rata basis.

Upon any termination or expiry, you will have at least 30 days to export your data before the server is decommissioned and your data is deleted.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles. This choice of law does not deprive you of the protection of mandatory provisions of law that cannot be excluded by contract, including, for customers established in the European Union, the EU Data Act. Any dispute shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Sheridan, Wyoming, under the rules of the American Arbitration Association. Nothing prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

14. Modifications

We may update these Terms at any time. Material changes will be communicated by email to the address on your account at least 30 days before they take effect. Changes do not shorten a term that has already begun or reduce your rights under Sections 2.5 to 2.8 for that term. If you object to a material change, you may terminate the subscription with effect from the end of the current term by written notice given before the change takes effect; otherwise, continued use of the service after the effective date constitutes acceptance.

15. Contact

For questions about these Terms, contact us at support@sparkle5.com or by post at the address in Section 1.