Legal

Terms of Service - Spark

Last updated: March 28, 2023 (added the clarifications related to the release of the Spark for Windows on the Microsoft Store)

Please read these Terms of Service (“Terms”) carefully before using our website, downloading, and installing Spark Desktop or mobile applications (“App” or “Spark”).

These Terms contain important information about your legal rights and obligations. If you do not agree with these Terms, please, do not continue to use the App.

The App is operated by Spark Mail Limited, with offices at Glandore Business Centre, Grand Canal House, 1 Grand Canal Street Upper, Dublin 4, D04 Y7R5, who we may refer to as “Spark Mail”, “we”, “us” or “our”.

Our Privacy Policies describe our collection and use of personal data in connection with your access to and use of the App and the Website. We have two policies: the Privacy Policy for the App and the Privacy Policy for the Website.

If you have any questions or comments about these Terms of Service, please contact us at support@sparkmailapp.com or visit our Help center to find more information about the App.

Entire agreement
Accounts and sync
Data storage
Subscriptions
Content and use license
Third-party websites and services
Warranties and disclaimers
Limitation of liability
Indemnification
Applicable law and jurisdiction
Electronic communications
Termination
Other terms
Questions and contact information

Entire agreement

These Terms and any operating rules and policies posted on our website or in the App, including the Privacy Policy for the App, constitute the entire legally binding agreement and understanding between Spark Mail and our users (hereinafter "you" or “user”), governing your access to and use of the App. This agreement can also include a separate data processing agreement (“DPA”), if we have entered into one.

By installing the App, you hereby declare and warrant that:

you have read, understand, have the legal capacity to, and hereby agree to be legally bound by and to comply with these Terms in full;
you are 16 years of age or older (otherwise, you can use the App exclusively with the involvement of a parent or legal guardian);
according to your jurisdiction of residence, you are eligible to enter into this agreement and have no restrictions to use the App;
you comply with these Terms and all applicable laws and regulations at all times.

If you use the App as a business representative, you further certify that you have the right to bind the represented legal entity to the terms and conditions hereof and grant us all permissions and licenses under these Terms, disclose information about that legal entity as may be required to provide you or the represented legal entity with the functionalities of the App.

Accounts and Sync

To use the Spark email client, you have to register a personalized account (“Spark Account”), by providing your personal or business email address and passing the authorization procedure through your third-party email account.

Upon registration, you can add an unlimited number of your email accounts to Spark, including Gmail, iCloud, Yahoo, Exchange, Outlook, Kerio Connect, and other IMAP email accounts. The accounts will not be added, if not supported by Spark.

To log in to your Spark Account on other devices you need to use the same email address you used to register the Spark Account unless you change the email used to create the Spark Account in the Preferences of the App. If you change the Spark Account, your personal settings, added accounts, and all emails will be synced automatically across all devices on which you are logged in.

You do not have to use a password to log in to Spark, however, you can enable a passkey lock or Face ID in your mobile App. All the passwords to your email accounts are created through third-party providers. Upon changing the password, you need to log in to your email account again using the updated credentials.

You are the one solely responsible for maintaining the confidentiality of the login credentials you use for login with your email accounts, and for all activities that occur under those credentials. You are solely responsible for any liability or damages resulting from your failure to maintain the confidentiality of such information.

To log out and delete your email account from Spark, please use the Spark Account’s settings in the App. When you delete the email address that you used for registration in Spark and for sync, you will also be logged out from the other email accounts you added to Spark. Your personal data will be deleted in accordance with retention periods specified in our Privacy Policy for the App. Please note, that Spark reserves the right to suspend and/or delete your Spark account in case of your violation of these Terms.

Data Storage

We process and store your personal data based solely on the legal grounds directly prescribed by the GDPR, namely:

your consent;
when processing is necessary for the performance of a contract between you and us;
our legitimate interest; and
legal obligation.

You may find all the information about our purposes for data processing, the exact categories of data collected, and your rights as a data subject under the GDPR in our Privacy Policy for the App and for the Website.

The content of the emails you send and receive is stored on the server of your third-party email account provider, save for the cases described below. Spark allows you to connect to your email accounts by accessing the IMAP and EWS servers.

Spark does not back up emails, therefore they cannot be stored locally on your device. Spark caches emails and attachments over the past month when connected to Wi-Fi so that you can later look through your inbox even offline. All connections to the servers we use are protected with TLS network communication security protocol.

At the same time, such unique features as Teams (shared emails and comments, shared drafts, shared links, delegation), Shared Inboxes, Snoozed emails, Templates and Send Later, as well as push notifications require the support of the servers we use and your emails corresponding to these features are safely stored there in an encrypted form.

To provide you with the sync option, we also encrypt the information about your accounts and preferences, including login credentials, and store it on our secure servers. The encryption key is saved locally on your device, so only you have access to it.

To make everything as safe as possible, we do not use our own servers. Instead, we rely on Google Cloud service, which is fully SOC-2 and ISO 27001 certified. Moreover, we use HTTPS, alarm systems, VPN, and written internal policies regarding the protection of personal data.

When we conclude a DPA with you, we use the Standard Contractual Clauses based on legislation assessments for data protection during transfer and storage which takes place in third countries under the GDPR, such as the USA and Ukraine.

If you want to exercise your right to erasure under GDPR and you want all the data about your accounts and preferences from Spark to be deleted, please use the “General” section in the Preferences of your App. Scroll to the bottom and click “Remove My Data From Spark.” All your data will be irreversibly deleted from the servers we use immediately. Please learn more about your data in our Privacy Policy for the App and for the Website or contact our DPO at dpo@sparkmailapp.com.

Subscriptions

Spark is available for free download and use in a desktop or mobile versions compatible with macOS, iOS, Android, Huawei, and Windows through Mac App Store, App Store, Microsoft Store, Google Play, and Huawei AppGallery respectively.

Certain functionalities of Spark require payment before you can use them ("Subscriptions"). For example, you may need to subscribe to use certain team functionality or extra premium functionalities. Subscriptions can be purchased by paying an annual or monthly subscription fee. Subscription fees are charged at the beginning of the subscription and, because such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it (for example, for the next month in the monthly subscription), at the time of each renewal until you cancel or exhaust the funds available on the card used for the purchase of the Subscription.

We reserve the right to change the pricing structure for our Subscriptions. When we do that, we tend to exempt existing subscribers from those changes. If we need to change the prices for existing subscribers, we will give at least 30 days notice and will notify you via the email address used to create your Spark Account or by posting a notice about changes on our App and Website themselves. Your continued use of the App after the price change becomes effective constitutes your agreement to pay the changed amount.

Spark offers two types of Premium subscriptions: Premium plan for Teams and Premium plan for Individuals. If you need advice regarding the subscription plans and plans that we offer to large customers, please contact our sales specialist at support@sparkmailapp.com.

Payment Arrangements

Spark provides you with a few options to pay for the subscription, such as Stripe and in-app payments at App Store and Google Play.

When you decide to pay for the subscription via the Website or Microsoft Store, the payments are facilitated by a third-party provider, namely Stripe, in accordance with the latter’s Terms of Service and Privacy Policy. In no case shall Spark be responsible for any personal data processed by Stripe.

If you use Spark downloaded from the app market (such as App Store for iOS or Google Play for Android devices, excluding Microsoft Store), Spark may include in-app purchases that allow you to buy subscriptions. Payments may be processed through the Google Play or App Store from which you originally downloaded the application. If you purchase the subscription through the in-app purchase, then the app market’s in-app purchase rules and policies will also apply.

The subscription bought is shared across your own apps and services that you use to access your Spark Account. We reserve the right to revise the subscription fees at any time, subject to providing users with adequate notice of any fee changes before they become effective. The revised fees will not apply to your current subscription period, however, your continued use of the Premium plan after the effective date of such change will constitute your agreement to pay the updated fees.

PLEASE NOTE, if your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase, which is beyond our control. Also, your bank may apply an exchange commission or fee.

PLEASE ALSO NOTE that the subscription fee (both for Individuals and Teams) is inclusive of applicable value added tax (“VAT”) and/or other taxes which are imposed under the relevant tax laws. The VAT and/or other tax charge will depend on your location. When you get to the final stage of the checkout, we will show the tax component of the subscription fee for your information.

Trial periods and Discounts

From time to time, we may offer trials of Subscriptions for a specified period without payment (a "Trial") or at a reduced rate (a “Discount”). Please review the App pricing page to learn about the duration of the trial period, the terms of participation and the amount of the discount available. Discounts may change over time, as well as conditions of Discounts, and we may decide to cease providing Discounts or introduce and offer you any other benefits.

Once the Trial period or the last month covered by the Premium Subscription expires, the features, which are available as a part of the Premium Plan, may become unavailable in full or in part.

Subscription for Spark Teams: Free and Premium Plan

Spark offers two plans for Teams: Free and Premium. With the Premium plan, you can invite an unlimited number of team members to draft an email in real time, create an unlimited number of email templates and use the advanced sharing settings. Read more about the team features and pricing here.

To use more advanced Spark features for Teams you will need to purchase a monthly or annual Premium subscription plan by upgrading Free Plan through the App Settings on any of your devices and submitting your billing details. The upgraded subscription plan will automatically sync across all devices you are logged in.

The subscription fee is calculated on a monthly basis per the number of active users invited to your Team in accordance with the rates specified on the checkout screen. An active team member is a person who has joined your team via invitation or automatically (based on email domain name). In the case of a number of active users changes during the subscription period, the applicable fee will be calculated separately at the end of each calendar month to adjust outstanding payment debts (if any) in accordance with Stripe’s prorations rules. The payment for the number of active users that has exceeded the original Subscription Plan will be charged once per month. If you have any questions regarding prorations, please contact our support at: support@sparkmailapp.com.

After you finish managing your team members, please choose a monthly or yearly billing frequency. Your first Premium subscription will be charged upon upgrading and you will be provided with the invoice.

Subscription for Spark Users: Free and Premium Plans

Spark offers two plans for Individual usage: Free and Premium. You may get access to the full functionality of Spark by purchasing Premium Plan. With the Premium Plan, you will be able to pre-screen who can email you, prioritize senders and threads, send large email attachments by uploading them to the Spark Cloud and use other premium features. Read more about the premium features and pricing here.

Loyalty Package

After the release of a new major update, some features that were earlier presented in the Free subscription may become part of the Premium subscription plan; the Users who started using Spark before the change will retain their access to such Premium features free of charge until they delete their Spark Account and can use the discount on the Premium subscription.

Subscription Renewal and Cancellation

The subscription will automatically renew for a subsequent term unless you cancel it in the App preferences or by notifying Spark Mail at billing@sparkmailapp.com of non-renewal at least 5 business days prior to the subscription expiration date.

If you bought the subscription through the third-party app market, more information about how you may be able to manage in-app purchases (or switch off the subscription) using your device may be set out in the app market's terms and conditions or end user license agreement (EULA):

Google Play (for Android devices);
App Store (for Apple devices).

You may cancel your subscription at any time. Upon cancellation, your subscription will last until the expiration date. Note that the paid fees in Spark Premium Plan for Teams will be prorated in accordance with the number of active users during the subscription period. In such a case your payment method will be charged or your digital Spark Account balance will be refunded with a prorated sum.

If we are unable to charge your credit card on the billing day, we will attempt it several times over the period of 30 days. If payment is unsuccessful, the subscription will be canceled.

Refunds

All paid subscription fees are non-refundable unless otherwise agreed with Spark Mail in writing or in case of prorated refund as stipulated above.

If you have any problems with the App functioning, please contact our support team at support@sparkmailapp.com and we will use every effort to help you.

For any purchases made through third-party app markets (Apple’s App Store, Google Play, etc.), please contact their customer support. Their terms, conditions and policies, and not ours, apply and we do not handle returns or refund requests for purchases through those third-party platform providers.

Content and Use License

The App is owned and controlled by Spark Mail. Spark Mail provides the App users with the ability to exchange images, text, links, files and other digital items (“Content”) with their email counterparts.

All Content people send and share via Spark is the sole responsibility of the person from whom said Content originated.

Spark Mail does not control the Content sent via Spark, nor does it guarantee the accuracy, integrity or quality of said Content and accepts no liability for it.

Although Spark Mail has no obligation to monitor the content provided by the User or Subscriber or Subscriber's use of the App, we may do so and may remove any such Content or prohibit any use of the App we believe may be (or are alleged to be) in violation of the copyright or other applicable laws at the request of the court, public authorities or persons (individuals and legal entities) authorized to request such deletion.

License

All materials of the App, including text, graphics, information, images, drawings, trademarks, trade dresses, logos, video, sounds, music, software and other materials (including pending and unregistered ones) (collectively, the “Content”), as well as copyright and other intellectual property rights to such Content belong to Spark Mail or its affiliates or is included in the App with the consent of the owner.

Subject to your compliance with these Terms and having regard to the terms of the software license laid down above, Spark Mail grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to:

download, install and use the App on the device(s) that you lawfully own or control in the manner provided for in these Terms for personal non-commercial or internal business purposes;
access and use the Content made available in or through the App and granted by Spark Mail for the purposes laid down in these Terms.

Spark Mail may provide upgrades, modifications, updates, or additions to the App software during the term of this license. The terms of this license shall be applied to any such modification unless it is accompanied by a separate license.

It is understood and agreed upon that Spark Mail or its affiliates are the owners of all right, title, and interest in and to the original, and any copies of the App software and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of Spark Mail or its affiliates. You, as the licensee, through your downloading, installing, or use of the App do not acquire any ownership rights to the software and its updated versions.

Third-Party Content and Licenses

All Content a person sends and shares via Spark is the sole responsibility of the person from whom said Content originated.

Spark Mail does not control the Content sent via Spark, nor does it guarantee the accuracy, integrity or quality of said Content and accepts no liability for it.

Under this license you may not:

(i) sell, lease, rent, license, sublicense or otherwise distribute the App software;

(ii) copy, decompile, disassemble, translate or reverse engineer the App software, in whole or in part;

(iii) write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the App software, any its updates;

(iv) provide, disclose, divulge or make available to, or permit the use of the App software by any third party without Spark Mail’s prior written consent;

(v) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spark Mail or any of Spark Mail's providers or any other third party (including another user) to protect the App;

(vi) reproduce, publish, transmit, distribute, modify, create derivative works or otherwise use the Content for commercial or illegal purposes (including spam) without our prior written permission;

(vii) misuse services for unauthorized and/or unsolicited use of data, for spamming or disseminating fraudulent or harmful content or links to such content.

Any attempt to do so is considered a violation of these Terms and the rights of Spark Mail. If you violate any of these restrictions, your use of the App will be reviewed and terminated, and you may be subject to legal actions and damages.

Your license to use the App is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms.

Your Feedback

We welcome your comments, suggestions or other feedback (“Feedback”) about how to improve the App. By submitting the Feedback to us, you grant us the unlimited right, at our discretion, to use, disclose and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

Third-Party Websites and Services

The App is available for and compatible with third-party websites and services, including, without limitation, the connected email providers, calendars, video communication services and other integrations. We cannot guarantee that any currently supported third-party services will remain compatible with the App software and all features are constantly available and uninterrupted.

You acknowledge that different terms of service and privacy policies may apply to your use of such third-party websites, services and content. Spark Mail shall not be held responsible for any losses, damages or other liabilities incurred as a result of your interaction with those third-party websites and services.

With respect to your use of the App through the digital distribution platforms, the providers of such platforms are not a party to an agreement between Spark Mail and a user and do not own and are not responsible for the App in any capacity or manner. Such providers have no obligation to furnish any maintenance and support services, as well as no warranty obligation whatsoever with respect to the App, except, if applicable, to refund the purchase price for it.

Warranties and disclaimers

THE APP IS PROVIDED TO YOU “AS IS.”

SPARK MAIL WARRANTS THAT THE APP WILL PERFORM IN SUBSTANTIAL ACCORDANCE WITH ITS DOCUMENTATION WITHIN THE PERIOD OF YOUR SUBSCRIPTION. SPARK MAIL DISCLAIMS ALL OTHER WARRANTIES REGARDING THE APP, ITS FEATURES AND CONTENT, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT RESTRICTIONS, GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR OTHER RIGHTS.

WE ARE NOT MAKING ANY PROMISES OF ANY KIND, INCLUDING ABOUT THE APP’S AND CONTENT’S ACCURACY, USEFULNESS, RELIABILITY AND CORRECT OPERATION. SPARK MAIL DOES NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR ANYTHING ELSE HARMFUL, INCLUDING OTHER USERS’ BEHAVIOR.

If you use a VPN, we can’t guarantee Spark will work properly. The quality of the performance via VPN solely relies on the servers of the VPN network.

We provide email-based support in English, Russian and Ukrainian 7 days a week (from Monday till Friday: from 9 AM to 11:30 PM (GMT+3); from Saturday to Sunday: from 9 AM to 6 PM (GMT+3)). Please use our Help Center or contact support@sparkmailapp.com, if you have any problems with the App functioning. If you subscribed to the Premium plan, your requests will be considered a priority.

Limitation of Liability

Spark Mail is not responsible if any information, materials, or content available through the App are inaccurate or incomplete, including because of the user’s change of settings and/or filters in his/her mailing service.

You are solely responsible for the legality of your actions within the App and your use of the App in accordance with the laws and regulations applicable to you.

In no event shall Spark Mail, its subsidiaries, directors, partners, employees, contractors or agents be liable for indirect, incidental, special, punitive or consequential damages, related to any use or inability to use the App, including, without limitation, any damages, caused as a result of the use of the information provided through the App or by mistakes, omissions, interruptions, defects, viruses, loss of data or documents, even if Spark Mail has been advised of the possibility of such damages. Spark Mail disclaims any liability for acts, willful misconduct, negligence, or omissions of other users that use the App.

You understand and agree that new versions of Spark may have changes or restricted functionality compared to previous versions. Spark Mail reserves the right to rename particular functions, introduce new functionality or revoke previously available functions. You will be notified of the existence of a new version by Spark Mail.

The foregoing limitations of liability do not apply to the extent prohibited by law.

If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the total amount of payments made by you to Spark Mail within 6 months preceding the claim. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

Indemnification

You agree to defend, indemnify and hold harmless Spark Mail, our subsidiaries, directors, partners, employees, contractors and agents from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from (i) any breach by you of any of these Terms, (ii) your use/misuse of the App, or (iii) a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

Applicable Law and Jurisdiction

Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Ireland, excluding its rules on conflict of laws.

If any material in the App, or your use of the App, is contrary to the laws of the place where you are when you access it, the App is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and any data protection laws applicable to you and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of in connection with or relating to the App or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly with Spark Mail team in accordance with the principles of good faith and cooperation.

If a consensus may not be reached by the negotiations, the dispute shall be settled exclusively in the national courts of the Republic of Ireland, subject to its jurisdiction rules, with the applicable substantive law of the Republic of Ireland.

You can also try to settle the dispute out of court using an alternative dispute resolution procedure and submit your complaint online via the online dispute resolution (ODR) platform.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

By using the App and providing us with your contact information, you understand and agree that we may send you electronic communications via email or push notifications regarding, without limitation, (i) incoming messages; (ii) your use of the App; (iii) updates of the App and these Terms; or (iv) subscriptions, transactions and cancellations under these Terms.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

You can read more about the rules of personal data processing in our Privacy Policy for the Website and the App.

Termination

Termination by Spark Mail

We reserve the right, at any time at our sole discretion, to: modify, suspend or discontinue the App, Content, feature, or offers through the App. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the App.

Spark Mail reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to the App.

Spark Mail may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this agreement with Spark Mail at any time by canceling the subscription, deleting and no longer accessing or using the App. If you terminate this agreement, all permissions and licenses granted to you in these Terms will immediately terminate without Spark Mail’s obligation to provide any refunds.

Either Party may terminate these Terms if the other Party becomes bankrupt or insolvent, or enters into reorganization or liquidation procedure whether compulsorily or voluntarily, or in case of the other Party’s merger or acquisition (if applicable), upon the effective date of the merger or acquisition.

Other terms

We may transfer our rights and obligations under these Terms to a third party (for example, providers of cloud or marketing services), but this will not affect your rights or our obligations under these Terms.

We reserve the right, at any time at our sole discretion, to modify these Terms. In the case of material changes affecting your use of the App, we’ll notify you prior to the changes’ effective date by sending you an email or push notifications. If you continue to use the App, you agree to the updated version of these Terms.

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PLEASE NOTE!

We do not provide our services and access to our products to new customers from Russia and Belarus.

Existing customers in Russia, Belarus retain access to the app they have installed, but without new updates and customer support.

We do not engage in any business with companies that are owned by or affiliated with Russian or Belarusian residents.

We do not engage in business with companies that support the Russian aggression in Ukraine.

Questions and Contact Information

If you have any questions or comments about these Terms of Service or the App, please contact us by:

support@sparkmailapp.com

Our support team is happy to assist you in any matter. We sincerely ask you to be polite and calm in your communication. Otherwise, we will not be able to respond to emails containing offensive or abusive language.

Spark Mail Limited
Registration number: 630862, VAT: IE 3560874UH
Address: Glandore Business Centre, Grand Canal House, 1 Grand Canal Street Upper, Dublin 4, D04 Y7R5, Ireland