Last updated: February 10, 2023
These Testimonials Terms and Conditions (“Testimonials Terms”) are a part of the Terms of Service (“Terms”) by Spark Mail Limited (“Spark Mail”, “we”, “our” “us”). Please carefully read these Testimonials Terms in conjunction with the Terms.
Unless defined in these Testimonials Terms, all capitalised terms used herein shall have the meaning given to them in the Terms. In the event of any conflict between the Testimonials Terms and Terms, the provisions of the Terms shall prevail.
Testimonials Terms apply to any and all content, media, and materials provided to us by the Spark App user (“User”, “you”, “your”) for publishing as testimonials of the Spark App (the “App”) that may include, but are not limited to, written statements, photos, pictures, videos, or audio recordings (“Testimonial”).
The purpose of the Testimonials is to illustrate how our Users perceive and interact with the App. We use Testimonials to demonstrate to the general public the possibilities and features of the App, and share the genuine feedback from the Users.
The published Testimonial usually comprises a User’s opinion, name, and photo. Sometimes a Testimonial may also provide a link to the User’s personal website or social media account, the User’s nickname, a description of business, profession, position, or employer, as well as other pieces of data that the User may disclose.
If we notice your review of our App on a third-party website or, if you provide a review or feedback to us directly, we may ask you for consent to publish them on our Website and/or in-app screens, and/or social media accounts, and/or our marketing communications distributed via email or otherwise. If you agree, we will ask you to provide us with your content, media and materials to the extent that you wish to disclose and sign a release form to formalize your consent.
You may disagree to provide your consent. Your refusal shall lead to no changes in your (your organization’s) ability to use the App or your Spark Account. Moreover, should you provide your consent, you are free to withdraw your consent at any time.
In addition to signing the release form, we may also ask you for a video call or meeting to record your consent. Of course, you will be notified in advance if our meeting is recorded. This recording is for our legal purposes only and it will not be published anywhere.
By providing your consent, you grant Spark Mail permission, right and limited license to store, publish, display, reproduce, or otherwise use your Testimonial on our Website, social media accounts, in our App, or via any other channel in any manner and any form, worldwide and for indefinite in time. Spark Mail will use this Testimonial in a fashion that is not violating your moral rights, in a deceptive, fraudulent, or disparaging way.
With your consent, we may also non-substantially edit your Testimonial to ensure clarity and relevance, such as:
Also, we may process your photo for publication purposes.
We also reserve the right not to use your Testimonial or discontinue using it at any time.
You may withdraw at any time your consent for our publication of your Testimonial on our Website and/or on social media accounts.
If you change your name (legal name), you may ask us to indicate the new name next to the Testimonial by emailing us at: email@example.com. In such case, we shall ask you to sign a new release form.
You may also ask us to substitute the photo used in the Testimonial with a different one. In such case, we shall ask you to sign a new release form.
Of course, you retain all personal data protection rights provided by the GDPR and the local data protection laws in your jurisdiction.
You are responsible for providing us with correct information in your Testimonials, including the spelling of your name, the genuity of the photo of yourself, and your honest feedback regarding the App.
Spark Mail shall not be liable for any harm or damages, including indirect or accidental, that may occur due to the use of the Testimonials. You agree to indemnify and defend Spark Mail against intentionally malicious and false allegations arising out of or in connection with our use of your Testimonial.
By submitting the Testimonial to us, you declare and warrant that:
Spark Mail may engage with third-party providers in connection with accepting, storing, processing, posting, and using Testimonials, and you acknowledge and agree that Spark Mail may store or otherwise upload a Testimonial to a third-party provider of services relating to the foregoing.
These Testimonials 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.
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 these Testimonials 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.
We reserve the right, at any time at our sole discretion, to modify these Testimonials Terms.