Terms of Service

1. Acceptance of Terms

Welcome to NodeSpark. By accessing or using our workflow automation platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and NodeSpark Inc. ("NodeSpark," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of such modifications.

2. Description of Service

NodeSpark provides an intelligent workflow automation platform that allows users to:

• Create and execute automated workflows
• Integrate with third-party services and APIs
• Process and transform data across multiple platforms
• Monitor and manage automation executions
• Collaborate with team members on workflow development

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

To use NodeSpark, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful and accurate registration information
• Maintain and update your information to keep it current
• Be at least 18 years old or the age of majority in your jurisdiction
• Have the authority to enter into this agreement

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account is not shared with others

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Engage in unauthorized access or security breaches
• Spam, phish, or send unsolicited communications
• Scrape, mine, or harvest data without permission
• Overload or disrupt our infrastructure
• Impersonate others or misrepresent your affiliation
• Process illegal or harmful content
• Reverse engineer or attempt to extract source code

Violation of this policy may result in immediate suspension or termination of your account.

5. Intellectual Property Rights

5.1 Our Rights

The Service, including all content, features, functionality, source code, and design, is owned by NodeSpark and protected by international copyright, trademark, and other intellectual property laws.

5.2 Your Rights

You retain all rights to the workflows, data, and content you create or upload to the Service. By using the Service, you grant us a limited license to:

• Host, store, and process your content to provide the Service
• Make backups for disaster recovery purposes
• Improve our services using anonymized, aggregated data

6. Third-Party Integrations

NodeSpark integrates with third-party services (e.g., OpenAI, GitHub, Google Workspace). By using these integrations:

• You acknowledge that third-party services have their own terms and privacy policies
• You are responsible for complying with third-party service terms
• We are not responsible for the availability, functionality, or security of third-party services
• You must have appropriate licenses and permissions for any third-party services you connect

7. Payment and Billing

7.1 Fees

During the Open Beta period, NodeSpark is free to use. We reserve the right to introduce paid plans in the future. If we do, you will be notified in advance and can choose whether to continue using the Service.

7.2 Future Pricing

When paid plans are introduced:

• Fees will be billed in advance on a recurring basis
• You authorize us to charge your payment method
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

You are responsible for ensuring that your use of the Service and any data you process complies with applicable data protection laws, including GDPR, CCPA, and other privacy regulations.

9. Warranties and Disclaimers

9.1 Beta Status

NodeSpark is currently in Open Beta. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

9.2 Disclaimer

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, secure, or error-free operation
• Accuracy, reliability, or completeness of results
• Freedom from viruses or harmful components

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NODESPARK SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or failures
• Unauthorized access to your data
• Third-party content or conduct
• Any damages exceeding $100 USD

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless NodeSpark and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Violation of these Terms
• Violation of any rights of another party
• Your content or workflows

12. Termination

12.1 By You

You may terminate your account at any time by contacting support or using the account deletion feature in your settings.

12.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Pose a security risk to the Service or other users
• Fail to pay fees (when applicable)

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will delete your data within 30 days unless we are required to retain it for legal purposes. Sections of these Terms that by their nature should survive termination will remain in effect.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if they qualify.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive your right to participate in class actions or class arbitrations.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NodeSpark regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.