Last Updated: 8.28.2024

 These Terms of Service govern your use of our website sparkagency-1-shop.fourthwall.com, provided through Fourthwall. By accessing or using our Service, you agree to these Terms and our Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY.

By clicking “I ACCEPT” or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you do not have permission to use the Service.

1. Service Overview

SparkAgency provides a platform to purchase digital products and memberships ("Products"). These include:

• Workout Guides: Strength training, cardio, yoga, HIIT, etc.
• Instagram Story Templates: For various themes.
• Printable Designs: Planners, trackers, inspirational prints.
• Recipe Cards: For different meals.
• Business Card Templates: Customizable designs.

2. Eligibility

You must be at least 13 years old to use our Service. By agreeing to these Terms, you confirm:

• You are at least 13 years old.
• You have not been suspended or removed from the Service previously.
• Your use of the Service complies with all applicable laws and regulations.

If you represent an entity, you confirm that you have authority to bind the entity to these Terms.

3. Accounts and Registration

To access memberships, you must register for an account. When registering, you may need to provide accurate and up-to-date information such as your name and email address. You are responsible for maintaining the confidentiality of your account and password. Notify us immediately if you believe your account is compromised at sparkagency-1-shop@support.fourthwall.com.

4. Payment Terms

• Fees: Payment for Products may be required. All fees are in U.S. Dollars.
• Pricing: We reserve the right to change prices for Products and Memberships. We will notify you of any price changes before they take effect.
• Authorization: You authorize us and our payment processors to charge the payment method you provide for all fees, including taxes.

5. Memberships

Memberships may involve automatically recurring payments. You authorize us to charge your payment method for recurring Membership fees. Cancel before the renewal date to avoid further charges. You can cancel Memberships via the Billing tab in your profile or by contacting us at sparkagency-1-shop@support.fourthwall.com.

6. Returns and Refunds

We accept returns and issue refunds for defective Products within 30 days of purchase. Non-defective Products are not eligible for returns or refunds.

7. Shipping and Delivery

Products are shipped according to the terms specified at purchase. You are responsible for all shipping costs, as detailed at checkout.

8. Licenses

• Limited License: We grant you a limited, non-exclusive, non-transferable license to use our Products for personal, non-commercial use only.
• Restrictions: You may not reproduce, distribute, modify, or circumvent any part of the Service. Unauthorized use is prohibited.

9. Feedback

By providing feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use the feedback for any purpose, including improving the Service.

10. Ownership and Proprietary Rights

All materials on the Service, including design, graphics, and code, are owned by us or our licensors. You may not use these materials except as expressly authorized by us.

11. Prohibited Conduct

You agree not to:

• Use the Service for illegal purposes or violate any laws.
• Infringe on third-party rights.
• Interfere with the Service's security or functionality.
• Engage in fraudulent activities.
• Transfer or sell your access to the Service.

12. Modifications and Termination

We reserve the right to modify these Terms or the Service at any time. We may terminate your access to the Service or your account at our discretion, with or without notice. You may terminate your account by contacting us at sparkagency-1-shop@support.fourthwall.com.

13. Effect of Termination

Upon termination:

• Your license rights will end.
• You must stop using the Service.
• You are responsible for any unpaid amounts.
• Certain sections of these Terms will survive termination.

14. Indemnity

You agree to indemnify and hold us and our affiliates harmless from any claims or damages arising out of your use of the Service or violation of these Terms.

15. Disclaimers

The Service and all materials are provided “as is.” We disclaim all warranties to the fullest extent permitted by law. We are not responsible for any damage or loss resulting from your use of the Service.

16. Miscellaneous

• Governing Law: These Terms are governed by California law. Disputes will be resolved in San Francisco County, California.
• Privacy Policy: Refer to our Privacy Policy for information on how we handle your personal data.
• Additional Terms: Your use of the Service may be subject to additional terms and policies.

17. Consent to Electronic Communications

By using the Service, you consent to receive electronic communications from us as detailed in our Privacy Policy.

18. Contact Information

For any questions or concerns, contact us at sparkagency-1-shop@support.fourthwall.com.

19. Notice to California Residents

California residents may contact the Complaint Assistance Unit of the California Department of Consumer Affairs for any complaints or further information.

20. No Support

We are not obligated to provide support for the Service unless explicitly stated.

21. International Use

The Service is intended for use within the United States. Access from other countries where the Service is illegal is prohibited.