Terms of Service

Last Updated: April 15, 2025

Introduction

Welcome to SPARK4BRAND. These Terms of Service ("Terms") govern your access to and use of the SPARK4BRAND website (www.spark4brand.com), services, applications, and tools (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and SPARK4BRAND ("we," "our," or "us").

Definitions

In these Terms, the following definitions apply:

• "Client" means any individual or entity that purchases or uses our Services.
• "Content" means any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that can be posted, uploaded, linked to, or otherwise made available through our Services.
• "User" means any individual who accesses or uses our Services, whether or not they are a Client.
• "Website" means www.spark4brand.com and all its subdomains.

Acceptance of Terms

By clicking "I agree" or similar buttons, completing the registration process, or by accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Website prior to the changes becoming effective. Your continued use of our Services after such notification constitutes your acceptance of the modified Terms.

Eligibility

To use our Services, you must be at least 18 years old and capable of forming a binding contract with SPARK4BRAND. If you are using our Services on behalf of a company or organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to these Terms.

Account Registration

Some of our Services may require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you fail to comply with these Terms.

Our Services

Service Description

SPARK4BRAND provides marketing services, including but not limited to strategy development, digital marketing, content creation, social media management, advertising, and marketing consulting. The specific services to be provided will be outlined in a separate service agreement or statement of work between SPARK4BRAND and the Client.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Fees and Payment

Pricing

Our fees for Services are as set forth on our Website or in a separate service agreement or statement of work. All fees are quoted in Hong Kong Dollars (HKD) unless otherwise specified.

Payment Terms

Payment terms will be specified in the service agreement or statement of work. Unless otherwise agreed in writing, all invoices are payable within thirty (30) days of the invoice date. Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, and value-added taxes associated with your purchase of our Services.

Client Responsibilities

As a Client, you agree to:

• Provide timely and accurate information necessary for us to perform the Services
• Review and approve deliverables in a timely manner
• Provide feedback and participate in the process as required
• Comply with all applicable laws and regulations
• Obtain all necessary permissions, licenses, and consents for materials provided to us

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of SPARK4BRAND, our licensors, or other providers of such material and are protected by Hong Kong and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Client Materials

You retain all ownership rights in any materials, content, or data you provide to us in connection with our Services ("Client Materials"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Materials solely for the purpose of providing the Services to you.

Service Deliverables

Unless otherwise specified in a service agreement or statement of work, upon full payment of all applicable fees, we grant you a non-exclusive, perpetual, worldwide license to use the deliverables created by us for you as part of the Services for your internal business purposes.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding our Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

Confidentiality

Each party may disclose to the other certain Confidential Information. "Confidential Information" means any information disclosed by one party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as "Confidential," "Proprietary," or some similar designation, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees:

• To maintain the confidentiality of the other party's Confidential Information
• Not to disclose such Confidential Information to any third party
• To use the Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms

This confidentiality obligation will survive the termination of these Terms for a period of three (3) years.

User Content

Our Services may allow you to post, upload, or submit content. You retain ownership of any content you post, upload, or submit through our Services. By posting, uploading, or submitting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with providing our Services.

You represent and warrant that:

• You own or have the necessary rights to the content you post, upload, or submit
• The content does not violate the rights of any third party
• The content complies with these Terms and all applicable laws and regulations

Prohibited Conduct

You agree not to:

• Use our Services for any illegal purpose or in violation of any local, state, national, or international law
• Violate or encourage others to violate the rights of third parties, including intellectual property rights
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate
• Interfere with security-related features of our Services
• Interfere with the proper working of our Services
• Use our Services for any harmful or nefarious purpose
• Harvest or collect email addresses or other contact information of other users from our Services
• Impersonate another person or misrepresent your affiliation with a person or entity
• Use automated means to access or use our Services without our permission

Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by SPARK4BRAND. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SPARK4BRAND shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. SPARK4BRAND and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither SPARK4BRAND nor its suppliers and licensors makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

In no event will SPARK4BRAND, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SPARK4BRAND under these Terms during the twelve (12) month period prior to the cause of action. SPARK4BRAND shall have no liability for any failure or delay due to matters beyond their reasonable control.

Indemnification

You agree to indemnify and hold harmless SPARK4BRAND, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms constitute the entire agreement between SPARK4BRAND and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SPARK4BRAND, or by the posting by SPARK4BRAND of a revised version.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without SPARK4BRAND's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. SPARK4BRAND may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power under these Terms preclude further exercise of any other right hereunder.

Contact Information

If you have any questions about these Terms, please contact us: