Legal

Terms & Conditions

Last updated: 1 May 2025  ·  Effective: 1 May 2025

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.

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

Platform Hosting subscriptions are sold on a 12-month minimum contract basis. The subscription begins on the date of successful payment and renews automatically for successive 12-month terms unless cancelled in accordance with Section 2.4.

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.

2.3 Payment

Payment is processed via our secure payment provider. You authorise us to charge the payment method on file for all amounts due. If a payment fails, we will retry up to three times over seven days. Continued failure may result in suspension of the service.

2.4 Cancellation

You may cancel your subscription at any time through your client portal. Cancellation takes effect at the end of the current annual term. No refunds are issued for unused periods of a prepaid annual term, except as required by applicable law.

2.5 Price Changes

We may update pricing for renewal terms with a minimum of 30 days' written notice. Continued use of the service after the effective date constitutes acceptance of the new price.

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% 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

We may terminate your account immediately if you materially breach these Terms and fail to cure the breach within 7 days of written notice, or immediately for breaches of Sections 4 and 5. Upon termination, you will have 14 days to export your data before the server is decommissioned.

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. 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 14 days before they take effect. Continued use of the service constitutes acceptance.

15. Contact

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