Terms of Use Agreement

These Terms of Use constitute an agreement ("Agreement") between you and SparkTD. (the "Company"), the owner of the SparkTD application (the "App"). Your use of the App and/or the services provided through the App (the "Services") constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein. If you elect to use certain Services on the App, you may be asked to agree to certain terms that are specific to such Services (the "Service Terms"). To the extent of any conflict between such Service Terms and this Agreement, such Service Terms shall govern.

Privacy Policy

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference.

Data Transfer and Security

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service is designed for and directed toward children under the age of 13. We collect personally identifiable information from children under 13 with appropriate safeguards in place. We are committed to protecting the privacy and safety of children using our Service.

Links to Third-Party Services

Our Service may contain links to third-party services or websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's service or website. We strongly advise You to review the Privacy Policy of every service or website You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party services or websites.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Use of App

You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree not to use the App for any unlawful or abusive purpose or in any way which interferes with our ability to provide the App and/or any Services to our customers, or damages our property. Without limiting the foregoing, you agree not to:

• Use any robot, spider, scraper or other automatic device, process or means to access the App for any purpose without our express written permission;
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Implement any manual processes to monitor or copy content from the App without our express written permission;
• Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the App;
• Interfere with another person's use and enjoyment of the App;
• Use the App for chain letters, junk mail, spamming, or use of distribution lists;
• Interfere with or damage the App, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the App; or
• Disrupt, interfere with, or otherwise harm or violate the security of the App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the App, or affiliated or linked services.

No Warranties

THE MATERIALS AND CONTENT CONTAINED IN THE APP ARE PROVIDED "AS IS." THE COMPANY, through and together with its directors, managers, officers, stockholders, members, agents, representatives, employees and affiliated entities (collectively, the "COMPANY Affiliates" and each, a "COMPANY Affiliate") MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability

IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY COMPANY AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THIS APP OR THE PROVISION OF SERVICES BY THE COMPANY. YOU AND THE COMPANY AGREE THAT THIS SECTION, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, THE COMPANY WOULD NOT PROVIDE THE APP OR SERVICES TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE APP, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Ownership of the App and Content

This App, and all information, materials and content available in the App, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics (collectively the "Content"), is the property of the Company and/or certain third-parties. Nothing contained in the App should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the written permission of the party that owns the Content, whether it be the Company or a third party.

Links to Other Materials

The third-party resources linked in the App, if any, are not necessarily under the control of the Company and the Company is not responsible for the content of any linked resource. Any links included in the App have been selected by the Company for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any third-party resource linked in the App, you do so entirely at your own risk.

Governing Law; Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Massachusetts state or federal court sitting in Boston, Massachusetts, United States of America. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

General Information

We may change or modify this Agreement from time to time. You can review the most current version of this Agreement at any time in the App. Your continued use of the App or any Services after the Agreement has been changed and posted in the App constitutes your acceptance of the modified Agreement. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of the Company to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. This Agreement, together with the Service Terms and the Privacy Policy, constitutes the entire agreement between the Company and you with respect to your use of the App and the Services, and it supersedes all prior or contemporaneous communications and proposals between the Company and you with respect thereto. Any failure by the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Account Creation

By creating an account, you agree to our services and to these terms and conditions. Account creation signifies your explicit acceptance of all terms outlined in this Agreement, including any future modifications. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Contact Information