Terms of Service - Spark

Date: November 7, 2025

These Terms of Service (“Terms”) govern your access to and use of the “Spark” mobile and desktop application (the “App”) and related website services (collectively, the “Service”) provided by Spark Mail Limited (“Spark,” “we,” “our,” or “us”).

We have two Privacy Policies that you should know about. Our Privacy Policy for the App describes how we collect, use, and protect personal data in connection with your use of the App. The second one – Privacy Policy for the website– is for our website.

By accessing or using the Service, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you have any questions or concerns regarding these Terms, please contact us.

Table of contents

• About Us
• Entire Agreement
• Service and Use License and Subscriptions
  • Software license
  • Business Customers
  • Acceptable Use
  • Modification or Discontinuation of the Service
• Accounts and Subscriptions
  • Spark for Individuals and Teams
  • Account
  • Free Use
  • Free trial and Special Offers
  • Paid Subscriptions and Add-Ons
  • Payment Terms
  • Subscription Renewal and Cancellation
  • Refunds
• Ownership and Proprietary Rights
  • Spark Content
  • User Content
  • Your Feedback
• AI Features
• Third-Party Websites and Services
• Warranties and Disclaimers
• Limitation of Liability
• Indemnification
• Applicable Law and Jurisdiction
• Electronic Communications and Notices
• Termination
  
  • Termination by You
  • Termination by Spark
• Miscellaneous

About Us

Entire Agreement

In brief

These Terms, the Privacy Policy for the App, the Privacy Policy for the website, and, as applicable, the order form and/ or the Data Processing Agreement, constitute the entire legally binding agreement and understanding between us and our Users or Business Customers, as defined below. 

By using the App or our website, you hereby represent and warrant that:

• You have read, understood, and have the legal capacity to agree and be legally bound by these Terms in their entirety;
• You are 16 years of age or older (otherwise, you may use the App only under the supervision of a parent or guardian);
• You are legally permitted to enter into this agreement and use the App under the laws of your jurisdiction;
• You will comply at all times with these Terms, as well as all applicable laws and regulations.

If you use the App as a business representative, you further certify that you are eligible to legally bind the represented legal entity, grant Spark all permissions and licenses under these Terms, and disclose information about that legal entity. In this case,  all references to “you” and “your” shall refer to that entity. If you do not have the authority to bind such entity or do not agree with these Terms, you (and the entity) are not authorized to access or use the App.

Service and Use License

In brief

Software Licence

Subject to your compliance with these Terms, we grant you, an individual user, a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to access and use the Service in the manner outlined in these Terms.

We may, at our discretion, provide upgrades, modifications, updates, or additions to the Service during the term of this license. Unless otherwise accompanied by a separate license or agreement, the terms of this license will apply to any such upgrades, modifications, updates, or additions.

If we reasonably believe that you have violated or may violate these Terms in a manner that could disrupt the Service, we may suspend or terminate this license and your access to the Service accordingly, without any liability to us, in addition to any other remedies available to us. We reserve all rights not expressly granted in these Terms.

Business Customers

If you represent a company or other legal entity and wish to obtain access to the App and/ or purchase several subscriptions for your organisation's authorised users (“Authorised Users”), the organization you represent will become our customer (“Business Customer”). 

Subject to the Business Customer’s and its Authorised Users’ compliance with these Terms, and, as applicable, payment of the subscription fees, we grant the Business Customer a limited, non-exclusive, non-transferable, non-sublicensable right for its Authorised Users to access and use the Service for the Business Customer’s internal business purposes in accordance with these Terms. You acknowledge and agree that you are fully responsible for the acts and omissions of your Authorised Users to the fullest extent permitted by the applicable law.

Acceptable Use

This App is provided for the personal, non-commercial use by individual users and the Business Customer’s Authorised Users, subject to the principles of fair and reasonable use.

Under the license granted to you, you shall not:

• sell, lease, rent, license, sublicense, or otherwise distribute the App software, including sharing your personal Account in the App with others;
• copy, decompile, disassemble, translate, or reverse engineer the App software, in whole or in part;
• reproduce, publish, transmit, write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the App software, and its updates;
• provide, disclose, divulge, or make available to, or permit the use of the App software by any third party without Spark’s prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the App or any of the App’s providers or any other third party (including another User) to protect the App;
• reproduce, publish, transmit, distribute, otherwise disseminate, modify, create derivative works, or otherwise use the Spark Content for commercial or illegal purposes without our prior written permission; engage in any activity that is illegal, fraudulent, or violates the rights of others,  including, but not limited to, sending unsolicited commercial email ("spam") and phishing or attempting to fraudulently obtain sensitive information;
• upload, store, transmit, distribute or otherwise make available any content that is unlawful, harassing, threatening, fraudulent, harmful, or that infringes upon the intellectual property rights of any third party;
• use the App in any manner other than for personal, non-commercial or internal business purposes.

We may implement usage limits if we detect usage patterns that significantly exceed typical user behavior or that we believe are detrimental to the overall performance and availability of the Service. We reserve the right to define what constitutes excessive and detrimental use and to implement appropriate limits without prior notice, though we will endeavour to communicate such actions where feasible.

Modification or Discontinuation of the Service

We reserve the right to modify, suspend or discontinue all or any part of the Service at any time and without notice or liability, at our sole discretion. We will, however, provide prior notice if such changes are expected to materially diminish your use of the Service under a paid subscription plan. You agree that we shall not be liable to you or any third party should any of the preceding occur concerning the Service.

Specific Access Restrictions

You may not use, access, or export our services in violation of applicable international sanctions and export control laws, including but not limited to those of the United States and the European Union.

We do not provide services or access to our products to customers from the Russian Federation and the Republic of Belarus. Spark does not engage in any business with companies owned by or affiliated with the citizens of these countries, nor with those that support the Russian aggression in Ukraine.

Account and Subscriptions

In brief

The App is available for free download in desktop and mobile versions through our website and the third-party app stores, namely: Mac App Store, App Store, Google Play, Microsoft Store, Huawei AppGallery and Setapp.

Spark basic email functionality is free to use. To fully utilise more powerful functionalities of the App, you may need to subscribe to any of the available paid plans. Please note that the scope of functionality and available subscription options may vary across different platforms and device types. 

Spark for Individuals and Teams

Spark is designed for two primary uses:

Account

To use the App, you must have a personal account (“Account”), which you can use across your different devices. You can provide your email address or sign in with your Google account, after which your Spark Account will be associated with the first email account you connect to Spark. 

If you sign in via your email or your Team’s invitation, please click the button in our email to the indicated email address to confirm it and instantly sign in.

To ensure you retain full control over your Account, sharing and transferring it are strictly prohibited. If you know or have any reason to suspect that someone has gained access to your Account without your authorisation, your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify us.

To terminate your Account, you may use the relevant functionality in the App or reach out to us at dpo@sparkmailapp.com.

Free Use

Once you connect your email account to Spark, you acquire a free-of-charge license to use the App, subject to certain limitations shown in the App. These may include, for example, restrictions on usage volume and the availability of specific features. Please note that these limitations and features available for free use may be modified by Spark at any time without prior notice. 

Free Trial and Special Offers

You can explore additional features available under the subscription during a free trial, subject to the then-current terms of the free trial offer displayed in the App or on the Website. 

Please note that if you start your free trial via an in-app Apple App Store or Google Play mechanism, or provide your credit card details at checkout, your subscription fee will be automatically charged after the free trial expires. To avoid charges, you must manually cancel the subscription at least 24 hours before the billing date. Please refer to the Help Center to learn more about free trial cancellation on different platforms.

Within special promotional campaigns, Spark reserves the right to offer special terms to select users. The terms and conditions and duration of such offerings shall be defined in a separate promotion description and/or in the App.

Paid Subscriptions and Add-Ons

You may purchase one of the paid subscriptions to access the extended functionality of the App, subject to the then-current terms. Please refer to the Pricing page for more details on the subscription plans currently available for new users. Users on legacy subscription plans not specified on the Pricing Page may continue to use them as long as they are supported. 

Your subscription may include a standard monthly usage allowance for AI Features (as defined below) that resets at the beginning of each billing cycle. For extra usage, add-ons are available as one-time, non-renewable, and non-refundable purchases. Unlike your standard monthly allowance that resets, any unused portion of a purchased add-on automatically rolls over to the next month.

The purchase of a subscription or add-on is subject to the then-current fee (including value-added tax (“VAT”), if applicable) as indicated on the checkout screen. Please note that if you pay in a currency that is different from the currency in which the fees are quoted, your bank may apply its current exchange rate and/or add commissions and fees on top of our subscription fees.

We reserve the right to change the subscription plans, including the scope of functionality available. We will provide you with adequate notice if the changes significantly diminish your use of the App under a paid subscription plan. Your continued use of the App after the effective date of such change will constitute your agreement to the changes.

Spark reserves the right to revise the fees at any time, giving users adequate notice of changes before they become effective. Please note that if your subscription is billed through the Apple App Store or Google Play, the respective platform will notify you of any price adjustments in accordance with their own policies. Your continued use of the App after the effective date of such change will constitute your agreement to pay the updated fees. If you do not agree to pay the updated subscription fees, you can cancel your subscription, and after that, you can continue using the App’s free-of-charge functionality only.

Payment Terms

 

By purchasing a subscription via any of the abovementioned means, you agree to be charged for this purchase,  future renewals of your subscription, and, as applicable, Teams subscription prorations. Your payment card will be automatically charged at the applicable renewal rate unless you cancel your subscription before the end of the then-current subscription period.

Please note that if we record a chargeback or other rejection of payment of any due and payable subscription fees charged through Stripe, this will be considered a breach of payment obligations hereunder. We reserve the right to suspend or terminate your access to the Services and/ or your Account at our sole discretion.

Subscription Renewal and Cancellation

Your subscription will automatically renew, and you will be charged a subscription fee for the subsequent subscription period at the then-current rates unless you cancel it at least 24 hours before the billing date.

You may cancel your subscription at any time; however, cancellation will take effect at the end of the then-current subscription period. This will not terminate your Account, and you will retain access to the App's free-of-charge functionalities after the end of your subscription period.

Refunds

If you have any problems with the functioning of the App, please contact us, and we will make every effort to help you.

Apple App Store and Google Play Purchases

Purchases made through the Apple App Store and Google Play may be refunded by contacting these platforms’ support directly and requesting a refund. 

Please note that the Apple App Store and Google Play process all refund requests according to their own policies and eligibility criteria. Spark has no control over Apple's refund decisions and cannot be held responsible if your request is denied.

Stripe Purchases 

An individual subscription purchased through Stripe may be cancelled and refunded within 30 calendar days from the date of purchase. To request a refund, please contact us.

We will initiate a full refund of the subscription fee paid by you to Spark without undue delay using the same means of payment you used for the initial transaction.

Please note, however, that if you cancel your subscription after the 30-day period, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation, unless required by law.

You acknowledge and agree that any commissions, fees, or charges imposed by your bank or payment system in connection with a refund, including but not limited to transfer or withdrawal fees, are outside of our control and responsibility. We will refund the agreed-upon amount, and we shall not be liable for any reduction in that amount due to such third-party charges.

This refund policy does not apply to Business Customers. All fees associated with business subscriptions are non-refundable.

Ownership and Proprietary Rights

In brief

Spark Content

The App and the website are owned and managed by Spark or our affiliates. The Service and the materials in the Service, including text, graphics, information, images, designs, drawings, trademarks, logos, videos, sounds, music, software, and other materials (collectively, “Spark Content”), as well as the copyright and other intellectual property rights to such Spark Content belong to Spark or our affiliates or is included in the Service with the consent of the owner. For the avoidance of doubt, the Spark Content does not include any materials you upload to or otherwise provide while using the Service.

Subject to your compliance with these Terms and having regard to the terms of the software license laid down above, Spark grants you a limited, non-exclusive, non-sublicensable (except to the Business Customer’s Authorized Users), revocable, non-transferable, and worldwide license to access and use the Spark Content made available in or through the Service and granted by Spark for the purposes outlined in these Terms.

You are not allowed to use the Service, the Spark Content or any of its elements in any way not expressly provided for in these Terms without our prior written permission.

In case you download or copy the Spark Content, no right, title, or interest in any downloaded or copied Spark Content is transferred to you as a result of any such downloading or copying. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent available under the applicable laws, including through civil remedies and criminal prosecution.

User Content 

"User Content" means any files, content or information submitted, uploaded, transmitted, or otherwise provided by you to the Service. This includes, without limitation, any prompts, instructions, requests, queries, or other inputs entered by you into the Service, as well as any and all outputs, responses, generations, or results produced by the Service in response to your prompts. As between you and Spark, you own your User Content, as well as any files, data and information you willingly share with us in connection with a customer support request or otherwise, including, but not limited to, pictures, text, videos, sound recordings, and other materials.

Subject to these Terms, you grant us a worldwide, royalty-free, transferable, sub-licensable, limited license to use the User Content solely as necessary to: (a) maintain, improve, and provide the Service, (b) resolve support requests, (c) comply with applicable laws, legal requests or other lawful process, or (d) for any other purpose you expressly authorize in writing.

Your User Content is processed securely. Our Privacy Policy provides details regarding the security measures and our data handling practices.

All User Content, including that generated by using the AI Features, remains the sole responsibility of the person from whom said content originated. You acknowledge and agree that it is your sole responsibility to create and maintain backup copies of the User Content that you upload, store or manage through the Service.

Although we have no obligation to monitor the User Content, we may do so. We may remove any such User Content or prohibit any use of the App we believe may be (or are alleged to be) in violation of the copyright, our policies, policies of our external providers, or other applicable laws at the request of the court, public authorities or persons (individuals and legal entities) authorized to request such deletion.

Your Feedback

We welcome feedback, reviews, ideas, questions, and comments about your experience with our App or our website (collectively “Feedback”). By submitting your Feedback to us directly or via any platform, including, but not limited to, online distribution platforms, marketplaces, and social media, you:

• grant us and our affiliates a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to copy, reproduce, use, modify, adapt, distribute, publish, translate, create derivative works from, distribute, and publicly display, including online, such Feedback on our website, in-app screens, social media accounts, our marketing communications distributed via email or otherwise, and in any other media, including for marketing and advertising purposes, and otherwise exploit such Feedback regardless of when and in what manner you provided it. For this reason, we ask that you not submit any Feedback or delete any existing one that you do not wish to license to us as set forth above;
• grant us and our affiliates the right to use and refer to the name or username that you submit in connection with the Feedback provided via any third-party platform. For Feedback you submit directly to us, we will only use your name or username with your explicit consent. 
• agree and acknowledge that you are solely responsible for the information in your Feedback;
• represent and confirm that you were not asked, instructed, or commissioned to submit fake or misleading reviews and endorsements or misrepresent your experience with our Service;
• represent and warrant that the use of your Feedback does not violate any third party’s rights;
• expressly release and discharge us, our affiliates, sublicensees, successors, and assignees from all liability, claims, and/or demands arising out of or in any way connected to our exercise of the rights granted under the license as provided above, including without limitation, any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, and copyright infringement.

You can contact us to request that we refrain from or discontinue our use of your Feedback at any time.

The Feedback appearing on our website, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our App. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.

AI Features

In brief

The Service includes features powered by artificial intelligence technologies (“AI Features”), including but not limited to large language models (LLMs), machine learning models, neural networks, and other similar or successor technologies. Such AI Features may rely on open-source models, internally trained or fine-tuned models, or models facilitated by an external AI service provider. For detailed information about the models used and how your data is processed when you are using the Service and the AI Features specifically, please refer to the Privacy Policy.

By using the Service, you agree and acknowledge that:

• the AI Features are provided to you ‘as is’ with no warranties or representations of any kind;
• it is your sole responsibility to ensure your compliance with all applicable laws and regulations in connection with the use of the AI Features and the generated outputs;
• the AI Features may generate output that contains inaccurate, unreliable or offensive content, and you must evaluate the output before relying on or otherwise using it;
• the AI Features are not intended to provide professional advice. You should seek advice from a qualified professional for any specific needs;
• you shall not use the AI Features in a way that infringes, misappropriates or violates any third-party rights;
• we may, at our sole discretion, impose limits on the use of the AI Features at any time;
• we and/ or the external AI service providers reserve the right to block requests or prevent the delivery of output that is deemed harmful, illegal, or otherwise in violation of applicable usage policies;
• you shall not use the AI Features in a manner that violates the policies of the external AI service provider;
• you shall not mislead any person that the output generated by the AI Feature was human-generated;
• you shall not use the AI Features to create, train, or improve (directly or indirectly) a similar foundation or large language learning model or other generative artificial intelligence service, reverse engineer, extract, or discover the AI Features’ data, models, model weights, algorithms, safety features, or operation.

If you do not agree with any of the foregoing, you must refrain from or discontinue using the Service.

Please note that the AI Features may not be available to users from certain countries or territories due to legal restrictions. These limitations could arise from local rules, regulations, or policies of the external AI service provider.

Third-Party Websites and Services

In brief

Some functionality and features of the Service rely on or may be compatible with third-party websites and services, including, without limitation, email providers, artificial intelligence services, etc.

We cannot guarantee that any third-party services, whether currently or in the future supported, will remain compatible with the Service or that all features will be constantly available and uninterrupted.

By accepting these Terms, you acknowledge that different terms of service (or equivalent legal documents) and privacy policies may apply to your use of the third-party websites, or services, their respective functionality, and content, and that it is your responsibility to familiarize yourself with such documents. Spark shall not be held responsible for any losses, damages, or other liabilities incurred due to your interaction with third-party websites and services.

We may impose monthly or other limits on the use of features that rely on third-party websites and services. If these limits are exceeded, you may be temporarily unable to access such features until the following period.

Warranties and Disclaimers

In brief

The Service is provided to you "as is" with respect to its performance, speed, functionality, support, and availability.

Spark disclaims any warranties regarding the Service, its features, and content to the fullest extent permitted by law, including without limitation, guarantees of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights of third parties or other rights. 

Please note that maintaining access to and optimal use of the Services or a particular feature may require the use of supported operating systems and devices. We do not guarantee the availability and correct operation of the Service or particular features on operating systems or hardware that are no longer officially supported by their respective manufacturers, or are otherwise deemed deprecated, legacy, or obsolete. 

We are not making any promises, including about the Service’s accuracy, usefulness, reliability, data integrity and correct operation. Spark does not guarantee that the Service will be uninterrupted or secure, that any defects will be corrected, or that the Service is free of viruses or anything else harmful.

Limitation of Liability

In brief

We shall not accept responsibility if any information, materials, or content available through the Service is inaccurate or incomplete.

You are solely responsible for the legality of your actions within the Service and your use of the Service or its particular features and functionality, including, but not limited to, AI Features and Meeting Notes functionality, under the laws and regulations applicable to you and for your compliance with the terms of service (or equivalents) and privacy policies of the third-party websites and services (if applicable to your use of the Service).

In no event shall Spark, its affiliates, directors, partners, employees, contractors, or agents be liable for indirect, incidental, special, punitive, or consequential damages arising out of or in any way connected with any use or inability to use the Service. Examples of such damages include, but are not limited to, loss of, or damage to data, damages arising from the use of information provided or obtained through the Service, and those resulting from errors, omissions, interruptions, defects, or viruses, even if Spark had been advised of their possibility.

The preceding 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 shall not exceed the total amount of payments made by you to Spark within one year preceding the claim.

Indemnification

In brief

You agree to defend, indemnify, and hold harmless Spark, our subsidiaries, directors, partners, employees, contractors, and agents from and against any claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses arising from:

• any breach by you of any of these Terms;
• your use/misuse of the Service; or
• 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 indemnify us. You agree to cooperate with us in the execution of our legal defense strategy.

Applicable Law and Jurisdiction

In brief

These Terms are exclusively governed by and construed under the laws of the Republic of Ireland, without regard to any conflict of laws provisions.

If the user is a U.S. city, town, county, district, or state governmental entity, then the Terms will be silent regarding governing law and venue.

If any material in the Service, or your use of it, is contrary to the laws of the place where you are when you access it, the Service 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 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, or in connection with, or relating to the Service or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved through amicable negotiations directly with the Spark team following the principles of good faith and fair cooperation.

If we cannot reach a consensus through 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.

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

Electronic Communications

In brief

Any notices or other communications, including those regarding modifications to these Terms, will be given to you via (i) email to the address associated with your Account, (ii) in-app screens and notifications within the Service, or (iii) postings within the Service or your Account. You agree that any electronic notification delivered through these means satisfies all applicable legal requirements for written notice.

Termination

In brief

Termination by You

You may cease using the App at any time. Please note that when you delete the App on your device with an active recurring subscription, it does not automatically cancel the subscription. To avoid future charges, you must manually cancel it as outlined in the Subscription Renewal and Cancellation section above.

For information on whether you are eligible for a refund, please refer to the Refunds section of these Terms.

Termination by Spark

We may suspend or terminate your Account and/ or access to the Service if we reasonably believe you are in breach of these Terms or any applicable laws. We will provide you with a reasonable prior notice to allow you to back up your User Content and, where possible, remedy the breach. If you fail to take the requested actions within the period indicated in such notice, we will suspend or terminate your Account and/ or access to the Service.

If we reasonably believe that you are in a material breach of these Terms, including, but not limited to, any violation of the Acceptable Use section above, we reserve the right to immediately suspend or terminate your Account and/ or access to the Service without any notice to you. 

In the event of any suspension or termination due to your breach, you agree that you will not be entitled to a refund for any fees paid for any unused portion of your subscription, and we will have no further liability or obligation to you.

To maintain service performance and ensure an efficient experience for our active users, we may terminate Accounts without an active paid subscription that have experienced a period of inactivity of more than 36 months and/ or remove the associated User Content. We will make reasonable efforts to notify you before any removal.

Spark reserves the right to take whatever legal actions we may deem appropriate in response to actual or suspected violations of these Terms. We will cooperate with legal authorities and/or third parties to investigate any suspected or alleged crime or civil wrong.

Miscellaneous

We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.

We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the Service, we’ll notify you before the changes’ effective date by means described in Electronic Communications and Notices section above. If you continue to use the Service, you agree to the updated version of these Terms.

If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain 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 Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our support team is happy to assist you. We kindly ask you to be polite in your communication with us. We may not respond to offensive emails or messages.