Terms of Service

The services are provided by Rafał Darłak, who runs a sole proprietorship under the business name Software Development - Rafał Darłak, Gnojnica 59, 39-105 Gnojnica, Poland, tax identification number (NIP) 8181728292, entered in the Polish Central Register and Information on Economic Activity (CEIDG). SparkMRR is our trading name. In these Terms, "we", "us" and "our" mean that business.

You can reach us by email at support@sparkmrr.com or by post at Gnojnica 59, 39-105 Gnojnica, Poland.

Website

The website at sparkmrr.com, including its subpages.

Waitlist

The free service that keeps your place in line for SparkMRR and sends you the emails described in section 3.

You

A natural person aged 18 or over who uses the Website or joins the Waitlist, whether as a consumer or for their business.

Consumer

A natural person acting for purposes outside their trade, business or profession. Under Polish law, a sole trader who concludes a contract directly related to their business, where the contract is not of a professional nature for them, gets the consumer protections listed in section 11.

Launch

The day on which paid SparkMRR plans are first offered to the public.

Invitation

The email in which we offer you access to SparkMRR.

Launch offer

The discount described in section 7.

We provide two services, both free of charge:

• The Website. Information about SparkMRR, which you can read without creating an account.
• The Waitlist. We keep your place in line, send you an email to confirm your address, and then send you emails about the Launch, your Invitation and the Launch offer if you qualify for it.

The SparkMRR product itself, which finds conversations about problems your product solves and drafts replies for you, is not available yet. When it is, it will be provided under separate terms and prices that we will show you before you sign up or pay. Nothing in these Terms obliges you to buy anything.

To use the services you need:

• A device connected to the internet.
• An up-to-date web browser, such as a current version of Chrome, Edge, Firefox or Safari. The Website works without JavaScript and does not use cookies.
• An email account that can receive our messages.

Using any service over the internet carries risks, such as malware, phishing emails that pretend to come from someone you trust, interception of unencrypted data and spam. We serve the whole Website over an encrypted HTTPS connection. We never ask for passwords or payment details by email, and our emails come only from addresses ending in @sparkmrr.com. Keep your device, browser and security software up to date, and be careful with links in unexpected messages.

1. You enter your email address and, if you want, your product's web address, and select "Join the waitlist".
2. We email you a confirmation link. It works for 48 hours. If you don't confirm within 7 days, we delete your signup.
3. The contract for the Waitlist is concluded when you confirm your email address. It runs for an indefinite period until it ends under section 9.

By joining, you confirm that:

• you are at least 18 years old;
• the email address is yours, or you are authorised to use it, and you are not signing up anyone else;
• the information you give us is true; and
• you accept these Terms and agree to receive the emails described in section 3.

Each email address can hold one place on the Waitlist.

You must use the services lawfully, in line with these Terms and good practice. In particular, you must not:

• provide unlawful content, including a product address that leads to unlawful content;
• sign up other people, or use bots, scripts or other automated means to join or confirm;
• try to disrupt, overload, scan for vulnerabilities in or get around the security or rate limits of the Website; or
• use the services to send spam or to impersonate anyone.

• Who qualifies. The first 100 people whose Waitlist signup is confirmed, counted in the order of confirmation recorded by our systems, who are still on the Waitlist on the day of the Launch. If someone ahead of you leaves before the Launch, the next confirmed person moves up.
• What you get. 40% off the list price of any paid SparkMRR plan for the first 12 months of a paid subscription: the first 12 monthly payments on a monthly plan, or the first annual payment on an annual plan.
• How to use it. Start a paid subscription within 30 days of the day we send your Invitation. We will tell you in the Invitation whether you qualify.
• When it ends. Nobody can qualify after the day of the Launch. If you leave the Waitlist, you lose your place and the Launch offer.
• Limits. One Launch offer per person and per email address. It cannot be transferred, exchanged for cash or combined with other discounts unless we say so.
• Prices. We will publish list prices and the subscription terms before you can buy. Your checkout will show the price before and after the discount. Prices for consumers will include VAT where VAT applies.

The Launch offer depends on the Launch happening. If we do not launch, it does not apply, and nothing is owed to anyone.

We are building SparkMRR now. We cannot promise that it will launch, when it will launch, or which features or prices it will have. We may change, pause or close the Waitlist. If we close it without launching, we will tell you by email and delete your data.

We aim to keep the Website available, but we cannot promise it will always be available or free of errors. We may take it offline for maintenance, security or reasons outside our control.

• You can leave at any time, free of charge and without giving a reason. Use the "Leave the waitlist" link in any of our emails, or write to support@sparkmrr.com. Leaving takes effect immediately and we delete your signup, as described in the Privacy notice. You stop using the Website simply by leaving it.
• The contract ends on its own 24 months after you confirmed, if we have not sent your Invitation by then. It also ends 30 days after we send your Invitation, or earlier if you create a SparkMRR account, which will be governed by its own terms. You can join again at any time.
• We can end the contract for an important reason with 14 days' notice by email. Important reasons are: we stop developing the product or close the Waitlist; a change in the law or a decision of a public authority; or a security risk we cannot address in another way.
• We can end the contract immediately if you seriously breach section 6, for example by providing unlawful content or signing up with automated tools. Where we can, we will tell you by email.

If something is wrong with the services, write to support@sparkmrr.com or to Gnojnica 59, 39-105 Gnojnica, Poland. Please give the email address you used, what happened and what you want us to do. We will reply within 14 days of receiving your complaint, by email or, if you prefer, by post.

• Nothing in these Terms limits the rights you have as a consumer under the law that applies to you.
• The Waitlist is free and you can leave at any time at no cost and without giving a reason. If the statutory 14-day right of withdrawal from a distance contract applies to you, you can also withdraw within 14 days of confirming your signup by telling us in any clear way, for example with the leave link or by email.
• If you are a consumer in Poland, you can get free help from a municipal or district consumer ombudsman (rzecznik konsumentów) or a regional Trade Inspection office (Wojewódzki Inspektorat Inspekcji Handlowej), which runs mediation and consumer arbitration. Information is available from the Office of Competition and Consumer Protection at uokik.gov.pl. In other EU countries, the European Consumer Centres Network can help. When we answer a complaint, we will tell you whether we agree to an out-of-court procedure.
• If you are a sole trader and the contract is not of a professional nature for you, the consumer protections on unfair contract terms and on the right of withdrawal also apply to you, as provided in Article 385⁵ of the Polish Civil Code and Article 38a of the Polish Consumer Rights Act.

The services are free. We are liable under the general law for harm caused by our failure to perform these Terms, but not for harm caused by your breach of them, by events beyond our reasonable control, or by third parties we are not responsible for, such as your email provider.

If you use the services for your business and you are not protected as a consumer, our liability is limited to the actual loss you suffer, excludes lost profits, and in total does not exceed PLN 500.

These limits never apply to harm we cause intentionally, or to any liability that cannot be limited by law.

The content of the Website, including its text, graphics, code and the SparkMRR name and logo, belongs to us or our licensors. You may view it and save or print it for your own use. Any other use needs our written permission.

If you give us your product's web address, you allow us to visit and read the publicly available pages of that website, only to prepare your onboarding.

We process your personal data as described in the Privacy notice.

We may change these Terms for important reasons: a change in the law or in guidance from a public authority; a change to the services or their technical requirements; to prevent abuse or protect security; to make the Launch offer more favourable to you; or to make the wording clearer.

We will publish the new version on this page and email everyone on the Waitlist at least 14 days before it takes effect. If you do not agree, you can leave the Waitlist before then. A change never takes away a Launch offer you already qualify for, unless it is replaced by something better for you.

These Terms are governed by Polish law. If you are a consumer who habitually lives in another country, you also keep the protection of the mandatory rules of the law of that country.

A consumer can bring a claim in the courts of the country where they live or in the Polish courts. If you use the services for your business and are not protected as a consumer, disputes go to the common court that has jurisdiction over our business address.

This version of the Terms takes effect on the date shown at the top of this page. If any provision is found invalid, the rest stays in force. You can ask for earlier versions at support@sparkmrr.com.