Terms of Service

Last updated: December 2, 2025

1. Agreement to Terms

By accessing or using XSpark ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

2. Description of Service

XSpark is an AI-powered X automation platform that helps users manage their social media presence through automated content generation, scheduling, and engagement.

3. User Accounts

When you create an account with us, you must:

  • Provide accurate, complete, and current information
  • Maintain the security of your account credentials
  • Be at least 18 years old
  • Have legal authority to bind to these terms
  • Promptly notify us of any unauthorized use

You are responsible for all activities that occur under your account.

4. Acceptable Use

You agree NOT to use the Service to:

  • Violate X Terms of Service or platform policies
  • Post spam, harmful, or illegal content
  • Harass, abuse, or harm others
  • Impersonate others or misrepresent affiliation
  • Engage in market manipulation or deceptive practices
  • Circumvent platform rate limits or restrictions
  • Share accounts or access credentials

See our Acceptable Use Policy for detailed guidelines.

5. Subscription and Payment

Subscription terms:

  • 5-day free trial available for new users (subject to eligibility)
  • Trial eligibility: 30-day cooldown between trials, limits per IP/device
  • Subscriptions renew automatically monthly unless cancelled
  • Prices are listed on our pricing page and subject to change
  • 7-day money-back guarantee on first payment only
  • No refunds for renewals, upgrades, or after 7 days
  • We reserve the right to change pricing with 30 days notice
  • Failed payments may result in service suspension after 7 days

6. Intellectual Property

Our Content: The Service and its original content (excluding user-generated content) are owned by XSpark and protected by copyright, trademark, and other laws.

Your Content: You retain all rights to content you create. By using our Service, you grant us a license to use, process, and display your content as necessary to provide the Service.

7. AI-Generated Content

Our AI generates content based on your inputs and preferences. You acknowledge that:

  • AI-generated content may require review before posting
  • You are responsible for all content posted to your accounts
  • We cannot guarantee specific results or engagement levels
  • Content quality depends on inputs and training data

8. Termination

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Violation of Acceptable Use Policy
  • Fraudulent or illegal activity
  • Non-payment of fees

You may cancel your subscription at any time from your dashboard.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, error-free, or secure
  • Results will meet your expectations or achieve specific metrics
  • Your X account will not be suspended, restricted, or banned
  • AI-generated content will be accurate, appropriate, or error-free
  • Automated actions comply with all X policies at all times
  • Third-party services (X, OpenAI) will remain available
  • Data will be preserved in case of service interruption

YOU ACKNOWLEDGE THAT AUTOMATION CARRIES INHERENT RISKS INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSION. YOU USE THE SERVICE AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XSPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, use, or goodwill
  • X account suspensions, bans, or restrictions
  • Damages arising from AI-generated content
  • Service interruptions or data loss
  • Third-party actions or changes to their platforms
  • Unauthorized access to your accounts

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.

11. Indemnification

You agree to indemnify and hold XSpark harmless from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.

13. Dispute Resolution

Informal Resolution: Before filing a claim, you agree to contact us at legal@xspark.ai to attempt to resolve the dispute informally.

Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration rather than in court, except you may assert claims in small claims court if they qualify.

Class Action Waiver: You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.

14. Governing Law

These Terms shall be governed by the laws of Delaware, United States, without regard to conflict of law provisions.

15. Contact Information

For questions about these Terms, contact us at:

Email: legal@xspark.ai
Support: support@xspark.ai
Company: XSpark Technologies LLC