Terms & Conditions
Effective 4/11/21
Hello! And welcome to BRTR’s terms and conditions of use (“Terms and conditions” or “terms”). These terms of use are between you and Spark.AI, Inc a Delaware Corporation (“BRTR”). Before you use the BRTR application (“App”), please take a moment to read these terms. Once you download and access the app, you will be legally bound by these terms.
By accessing or using our Services on www.BRTRai.us (the “Website”), the BRTR mobile application (the “App”), or any other platforms or services Sprk may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, (i) Terms and conditions (ii) our privacy policy, community guidelines and safety tips. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status. If you do not accept and agree to be bound by all of the terms and conditions, please do not use our services.
We reserve the right to modify, amend, or change the Terms at any time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. Notice of any material change will be posted on this page with an updated effective date. In some cases, where material changes affect your rights or obligations, you will be notified of the change of terms via email or a notification. However, you are responsible for regularly checking this page for notice of any changes.
The most recent version is the terms and conditions that apply. If you continue to use our services after the changes become effective, you are therefore agreeing to the revised terms and conditions. If you do not agree or accept a change to the terms and conditions, please stop using our services immediately.
1. Eligibility
Sprk is an all-inclusive community, but in order to insure the safety of our users and to comply with the law please make sure you are eligible to use our services.
When you create an account and use our services, you represent and warrant that:
You are at least 18 years old;
You are legally qualified to form a binding contract with Sprk;
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our services;
You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services by us
If at any time you no longer fulfill ALL the requirements, you must immediately delete your account and cease to use our services. We reserve the right to remove your access to our services without warning.
You agree to:
Comply with these terms and check this page from time to time to ensure you are aware of any changes;
Comply to our community guidelines;
Review our safety tips;
Use the latest version of the website and/or app
Interact with users in a respectful and courteous manner, both on and off our service
Be respectful when communicating with our employees or customer care representatives
Be authentic and genuine
You agree that you will not:
Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services for any harmful, illegal, or nefarious purpose
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Violate our community guidelines
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use, access, or publish the Sprk application programming interface without our written consent;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
Encourage, promote, or agree to engage in any activity that violates these Terms.
2. Content
A. Prohibited Content
Sprk is an all-inclusive community and we want our users to be able to comfortably express themselves. In order to do so, we prohibit certain content to be uploaded or shared on Sprk that:
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is abusive, insulting or threatening, demeaning, discriminatory or that promotes or encourages racism, sexism, hatred ,homophobia, transphobia or bigotry;
Is defamatory, libelous, or untrue;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Sprk or otherwise;
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy”, “sugar baby”or “sugar mommy” relationships, links to other websites or premium line telephone numbers);
Sprk has a zero-tolerance policy that violates these Terms. Failure to abide by these Terms may result in the immediate termination of your account.
B. Your Content
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 6 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you agree that we have no obligation to display or review Your Content.
C. Member Content
Dating is a two way street and other users will also share contents on our services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. Member Content is the sole responsibility of the member who posted it, and while Sprk reserves the right to review and take appropriate action towards content that violates our community guidelines or our Terms and Conditions, we can not guarantee that all content will comply with our values. If you come across content on Sprk’s services that violates our terms, please contact our support team at support@sparkai.us.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
D. Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 5 below, and we reserve all other rights.
3. Push notifications; Location- Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or our Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any unnecessary push notifications/alerts. However push notifications/alerts related to reporting, or important changes to our services will still be received. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@sparkai.us.
The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. Sprk also uses your location as a geofilter to give you the best matches within a certain radius. After downloading the app, you will be asked to share your location either a)always, b) never, or c) while using the app. In order to use Sprk, you must choose either always or while using the app. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location, you will not be able to access such location-specific content, products, services, materials and will not be able to see other users. For more about how the App uses and retains your information, please read our Privacy Policy.
4. Privacy
For information about how Sprk and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
5. Rights Sprk Grants You
As long as you comply with our Terms and Conditions, Privacy Policy, Community Guidelines and values, Sprk grants you a personal, “non-assignable, non-exclusive, revocable, and non-sublicensable” license to access and use our Services for purposes as intended by Sprk and permitted by those Terms and applicable laws.
6. Rights You Grant Sprk
By creating an account, you grant Sprk a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Sprk’s license to Your Content shall be non-exclusive, except that Sprk’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Sprk would have an exclusive license to screenshots of our Services that include Your Content. Furthermore we have an exclusive license to your personality traits.
In addition, so that Sprk can prevent the use of Your Content outside of our Services, you authorize Sprk to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Sprk is not obligated to take any action with regard to use of Your Content by other users or third parties. Sprk’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Sprk allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Sprk regarding our Services, you agree that Sprk may use and share such feedback for any purpose without compensating you.
You agree that Sprk may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
7. Purchases and Subscriptions
Currently Sprk is offered free of charge to all users!
10. Account Termination
You are able to delete your account any time by sending the Sprk team an email at We may make certain products and/or services available to users of Sprk in consideration of premium subscriptions, including the ability to purchase products, services and enhancements. If you choose to purchase a premium subscription you acknowledge and agree that additional terms may apply to your use of, access to and purchase of premium subscriptions and in- App Products.
If you purchase a premium subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further explained in section 8. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Cancelling your subscription will not remove your profile from our services. You will only revert back to a standard account. If you wish to terminate your account you may do so following the instructions provided in section 9.
8. Purchases and Subscriptions
Sprk is not currently offering Premium Subscriptions or in-App Products.
9. Account Termination
If you no longer wish to use our Services, or if we terminate your account for any reason, send the Sprk Team an email indicating such at support@sparkai.us.
Sprk reserves the right to investigate and, if appropriate, terminate your account if you have violated these Terms or community guidelines, misused our Services, or behaved in a way that Sprk regards as inappropriate or unlawful, on or off our Services.
We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Sprk for any reason, these Terms continue and remain enforceable between you and Sprk. Your information will be maintained and deleted in accordance with our Privacy Policy.
10. Safety Checks Disclaimer
SPRK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SPRK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. SPRK RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE SPRK TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY SPRK, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
11. Sprk Disclaimer
SPRK TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES OR OTHER SERVICES NOR DOES SPRK TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH SPRK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. SPRK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
12. Digital Millennium Copyright Act
Sprk has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA").If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA takedown notice should be sent to: Sprk, 10 Reiling Pond Road, Lincoln, MA 01773, USA.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPRK, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SPRK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPRK’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SPRK FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. Dispute Resolution
If you are dissatisfied with our Services for any reason, please contact Sprk Customer Service here first so that we can try to resolve your concerns without the need of outside assistance.
15. Governing Law
Delaware law and the Federal Arbitration Act will apply if there is a dispute.
16. Venue
Any claims that are not submitted to arbitration for any reason must be litigated in Middlesex County, MA.
17. Indemnity
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Sprk, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement.
18. Acceptance of Terms
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Community Guidelines, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
19. Entire Agreement
This Agreement supersedes any previous agreements or representations. These Terms with the Privacy Policy and any Additional Terms Upon Purchase contains the entire agreement between you and Sprk regarding the use of our SErvices. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or such right or provision. You agree that your Sprk account is non-transferable adn all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Sprk in any manner.
20. Special State Terms
Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio Rhode Island and Wisconsin.
For Subscribers residing in New York:
Sprk Services do not guarantee any number of “recommendations” - rather, the functionality of the Services is such that the subscribers can view a list of “recommendations” in order from best to least.
Upon notice in writing and delivered to Sprk, 10 Reiling Pond Road, Lincoln, MA 01773, USA, subscribers may place their subscription on hold for up to one year;
How your information is used and how you may access your information is set forth in our Privacy Policy;
You may review the New York Dating Service Consumer Bill of Rights here;
For Subscribers residing in New Carolina:
You may review the North Carolina Buyer’s Rights here.