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Sparky Terms of Use

Welcome to the “Sparky” AI bot (the “Bot”), offered and operated by Scarlet Spark (“Scarlet Spark,” “we,” “us,” or “our”).

 

The terms, conditions, and disclaimers provided herein (these “Terms of Use”) are here to inform you about the limitations and usage guidelines that apply to your use of the Bot and any responses, resources, tools, templates, videos, contents, or materials you receive by interacting with the Bot (collectively, the “Materials”). 

 

Please read these Terms of Use carefully before using the Bot.

 

These Terms of Use are a legally binding agreement between you and Scarlet Spark. If you do not agree to be bound by these Terms of Use, you may not use the Bot. Your use of the Bot or Materials constitute your acceptance of these Terms of Use.

 

We may make changes or improvements to the Bot and these Terms of Use at any time.

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MINORS

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The Bot and Materials are intended for access and use only by individuals who are at least eighteen years old. By accessing or using any of Materials, you represent and warrant that you are at least eighteen years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms of Use. 

 

If you are not at least eighteen years old, you are prohibited from both the access and usage of the Bot and Materials unless under the continuous supervision of a legal guardian who agrees to be fully responsible for the acts or omissions of the minor who seeks to use the Bot.

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PRIVACY

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Your privacy is very important to us. Our goal is for you to be able to interact with the Bot and use the Materials with full comfort and confidence. For this reason, we will never ask you for or deliberately collect or save data that might identify you (such as but not limited to your name, location, contact information, organization’s information, or demographic data). You are asked and reminded to refrain from providing any personal information that is not relevant, useful, or required for handling your request. 

 

We may collect anonymous technical data to address and fix technical problems and improve the Bot and our Materials. By using our Bot, you are consenting to the collection of this technical data and agreeing to the Disclaimers and Limitations of Liability set forth below. If you disagree and chose to not accept the terms and conditions of the Disclaimers and Limitations of Liability set forth below, please do not use the Bot.

 

PLEASE NOTE THAT WE WILL PERIODICALLY REVIEW TRANSCRIPTS OF USERS’ INTERACTIONS WITH THE BOT. If we come across any identifying information, we will never disclose it to other parties. We may discuss, publish, and/or promote summaries or statistical analyses of aggregated information ​that protects individual users’ anonymity.

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DATA SECURITY

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We take reasonable measures to protect information including from loss, unauthorized access, theft, misuse, or unauthorized disclosures. Notwithstanding the foregoing, no data storage system or transmission of data over the internet or any other public network can be 100% guaranteed to be secure. We are not responsible for the security of information collected by third parties.

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For further data security, you may wish to disable cookies and add do-not-track settings on your web browser. Each type of web browser provides means of restricting and deleting cookies, and browser manufacturers offer resources to manage cookies. Please note that you may need to take additional steps to refuse or disable local shared objects or image tracking technologies. You can also opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the opt-out pages of the National Advertising Initiative and the Digital Advertising Alliance.

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DISCLAIMERS AND LIMITATIONS OF LIABILITY

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BOT AND MATERIALS IS AT YOUR SOLE RISK AND ON AN “AS-IS” BASIS. 

 

You understand that Scarlet Spark does not guarantee that the Bot or Materials will be:

 

  • Useful for your specific situation, team, and/or organization

  • Aligned with your expectations or requirements

  • Available when you expect to use it

  • Accurate and error-free

  • Timely 

  • Appropriate for your local and relevant laws and policies 

  • Free of copyright infringement 

  • Free of viruses 

 

While we make our best efforts to provide high-quality Materials and Bot interactions, as with any Artificial Intelligence technology, we cannot fully control the outputs of the Bot. The Bot can make mistakes or misinterpret information. The Bot and Materials also may not take your specific situation, laws, policies, requirements, culture, and constraints into account.

 

YOU ARE RESPONSIBLE FOR:

 

  • Relying on your best judgment before using any Materials or implementing any advice, feedback, or recommendations from the Bot

  • Understanding the laws, policies, rules, and regulations that impact the Materials and how they can or cannot be implemented in your specific situation 

  • Implementing sufficient safeguards for yourself and your organization

  • Assuming the entire risk and cost of any loss or damage arising from your use of the Bot or Materials 

 

​Scarlet Spark will not be liable for any damages of any kind arising out of or in connection with the use of the Bot or the Materials. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

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Certain jurisdiction-specific laws may not allow limitations on some or all implied warranties or the exclusion or limitation of certain damages, or may limit such limitations or exclusions. Solely to the extent of the minimum applicability of such laws to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

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​​APPROPRIATE USE

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You may not use or access the Bot, nor use any Materials or content from or related to the Bot, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, discriminatory, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to Scarlet Spark or to third parties. You may not use the Bot to generate or attempt to generate harmful, illegal, or offensive content.

 

You may not use or access the Bot, nor use any Materials or content from or related to the Bot, (including, without limitation, intellectual property and trademarks) in a manner that could portray Scarlet Spark, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. 

 

You may not attempt to disrupt the Bot, access unauthorized areas, reverse engineer, decompile, attempt to extract source code, or distribute spam.

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LINKS TO THIRD-PARTY SERVICES
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Our Bot may contain links to other third-party sites, plug-ins, applications or other online services. If you click on a link to a third-party site or other online service, you will be taken to a site or other online service we do not control and that is not governed by these Terms of Use. 

 

Scarlet Spark does not monitor, approve or have any control over any Third-Party Content or Third-Party Bots and the inclusion of or links to Third-Party Content or Third-Party Bots does not imply any association or relationship between Scarlet Spark and such third party. You click through at your own risk, and Scarlet Spark makes no representation or warranties about the content, completeness or accuracy of the Third-Party Content or the Third-Party Bots, and all use of any Third-Party Bot will be subject to these terms of and conditions of use and privacy policies of such Third-Party Bot.

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LICENSE

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Subject to these Terms of Use, Scarlet Spark grants you a limited, revocable, non-exclusive license to access and make use of the Bot and Materials. You may not download or copy the Bot or any portion or elements of the Bot or Materials except (i) automated temporary page caching by your browser and (ii) a single copy of individual Materials for your own personal use or for your company’s use so long as such use is not for commercial exploitation in exchange for consideration. 

 

YOU MAY NOT CHARGE A FEE, MAKE COMMERCIAL USE, OR RECEIVE ANY GOODS OR SERVICES IN EXCHANGE FOR GRANTING ACCESS TO THE BOT, ITS CONTENTS, OR MATERIALS.

 

Your right to access and use the Bot and Materials does not include any right to encumber, license, modify, publish, sell, transfer, transmit, or in any other way exploit any of the content on the Bot, nor will you attempt to do so, and your right to copy the content of the Bot is strictly limited to the conditions herein. 

 

You may not “scrape” or otherwise collect from the Bot any information, nor may you use any manual or automated systems, robots or other methods to access, extract or collect information, data or content from or through the Bot. 

 

You are granted a limited, revocable, non-exclusive license to link to the Bot at your own risk, but you may not frame or use similar technologies or techniques to surround, enclose or otherwise alter any element, nor the context of any element of the Bot or its content. 

 

You may not otherwise copy, redistribute, publish or otherwise exploit content from the Bot without the express prior written permission of Scarlet Spark. You further agree and acknowledge that you shall not acquire any ownership or other rights by downloading content from the Bot.

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LINKING

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Scarlet Spark may provide content of third parties (“Third-Party Content”) or links to websites of third parties (“Third-Party Sites”) as a service to those interested in this information. Scarlet Spark does not monitor, approve or have any control over any Third-Party Content or Third-Party Sites and the inclusion of or links to Third-Party Content or Third-Party Sites does not imply any association or relationship between Scarlet Spark and such third party. You click through at your own risk, and Scarlet Spark makes no representation or warranties about the content, completeness or accuracy of the Third-Party Content or the Third-Party Sites, and all use of any Third-Party Site will be subject to these terms of and conditions of use and privacy policies of such Third-Party Site. 

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INTELLECTUAL PROPERTY RIGHTS
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All content of the Bot including, without limitation, all trademarks, intellectual property, models, frameworks, service marks, taglines or slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to Scarlet Spark or its suppliers, vendors, service providers or its licensors (collectively, “Vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on the Bot, as well as any content original to Scarlet Spark, is owned exclusively by Scarlet Spark and is protected by United States and international copyright laws. All rights are reserved by Scarlet Spark.

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​METADATA
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You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include our intellectual property without the express prior written permission of Scarlet Spark. Without limiting the foregoing, you may not use our trademarks, service marks, taglines or slogans, logos, frameworks, models, or names in any manner without the express prior written consent of Scarlet Spark. 

 

All trademarks that appear on the Bot and Materials that are not owned by Scarlet Spark are the property of their respective owners.

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COPYRIGHT COMPLAINTS/NOTICES OF COPYRIGHT INFRINGEMENT
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If you believe your work or content has been copied and posted to the Bot or Materials in a way that constitutes copyright infringement, please provide our designated copyright responsible person the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Bot are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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All DMCA notices should be sent to our designated appointee as follows: hello@scarletspark.org, attention: Alyssa Greene-Crow

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RESERVATION OF RIGHTS
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Scarlet Spark reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Bot or Materials or to block or prevent your future access to and use of the Bot. 

 

Scarlet Spark may access, preserve and disclose your information – if any is provided by you – if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any such information violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Scarlet Spark (and its employees), its users and the public.

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MOBILE ACCESS
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Please be aware that if you access the Bot or Materials via your mobile phone or other mobile device, your carrier’s normal rates and fees, such as data charges, will apply.

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INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Scarlet Spark (and its officers, directors, agents, subsidiaries, joint ventures, volunteers, employees, and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your use or misuse of the Bot or Materials; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding the Bot and Materials; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. 

 

This indemnification obligation will survive the termination of these Terms of Use and your use or misuse of the Bot or Materials.

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TERMINATION
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We may terminate your access to all or any part of the Bot or Materials at any time, with or without cause, with or without notice, effective immediately. You acknowledge and agree that notice is not required for any such termination to be effective.

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CHOICE OF LAW/FORUM SELECTION
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These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to exclusive personal jurisdiction in New York in connection with any dispute between you and us. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, subject to the following provisions: (i) all arbitration proceedings will be heard and decided by a single arbitrator, who will be an attorney with experience and familiarity in the relevant issues and the healthcare industry, appointed in accordance with the AAA Rules; (ii) the arbitration proceedings shall be conducted in English in New York City; and (iii) any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. If the dispute as such is not arbitrable you consent to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.

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WAIVER
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No waiver or absence of enforcement of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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MISCELLANEOUS
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If any part of these Terms of Use is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of the Bot may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use with respect to the items to which they apply. Scarlet Spark may revise or modify the Bot or Materials, these Terms of Use, products, product information or pricing without notice.
 

​CONTACT US
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If you have any questions, concerns, or suggestions regarding our Terms of Use, please email us at hello@scarletspark.org.

 

These Terms of Use are effective as of July 1, 2024.

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