Terms & Conditions

1. About SPARKED

SPARKED is an online fundraising platform that enables schools, teams, clubs, organizations, and their supporters to create fundraising campaigns and accept online donations. SPARKED serves solely as a technology platform facilitating fundraising activities and is not the organizer or sponsor of any individual campaign.

2. Eligibility

You must be at least 18 years of age to create an account or fundraising campaign. Parents or legal guardians must register fundraising pages on behalf of minors.

By using SPARKED, you represent that you have the legal authority to enter into this agreement.

3. Account Registration

You agree to:

• Provide accurate information.
• Keep your account information current.
• Maintain the confidentiality of your login credentials.
• Notify SPARKED immediately of any unauthorized account activity.

You are responsible for all activity occurring under your account.

4. Fundraising Campaigns

Campaign organizers are responsible for ensuring they have all necessary approvals from their school, district, organization, coach, or governing body before launching a fundraiser.

SPARKED reserves the right to approve, reject, suspend, or remove any fundraising campaign at its sole discretion.

5. Donations

All donations made through SPARKED are voluntary. Donors understand that donations are intended to support the designated fundraising campaign and acknowledge that fundraising results are not guaranteed.

Unless otherwise required by law, donations are generally non-refundable once processed.

6. Payment Processing

Payments are securely processed through third-party payment processors such as Stripe.

SPARKED does not store complete credit card information and is not responsible for errors, delays, outages, or security incidents caused by third-party payment providers.

7. No Guarantee of Fundraising Success

SPARKED provides the technology platform for fundraising but does not guarantee:

• Any minimum fundraising amount
• Donation participation
• Campaign success
• Student participation
• Prize eligibility
• Donor engagement

Results vary based on each organization's efforts.

8. Parent & Organizer Responsibilities

By creating a fundraising page, you certify that:

• You have authority to represent the participating student or organization.
• All submitted information is accurate.
• All photographs and content are owned by you or used with proper permission.
• You will comply with all applicable school, district, state, and federal laws.

9. User Content

You retain ownership of content you upload.

However, by uploading photographs, logos, campaign descriptions, or other materials, you grant SPARKED a worldwide, royalty-free, non-exclusive license to display, reproduce, distribute, and use such content solely for operating, promoting, and administering the platform.

10. Intellectual Property

All SPARKED trademarks, logos, graphics, software, website content, fundraising tools, branding, and technology remain the exclusive property of SPARKED.

No portion of the platform may be copied, reproduced, distributed, or modified without prior written consent.

11. Fraud Prevention

SPARKED reserves the right to:

• Suspend campaigns
• Delay payouts
• Verify identities
• Investigate suspicious transactions
• Remove fraudulent accounts
• Cooperate with law enforcement

Fraudulent activity may result in permanent removal from the platform.

12. Account Suspension

SPARKED may suspend or terminate any account at its sole discretion if it believes a user has:

• Violated these Terms
• Engaged in fraudulent activity
• Misused the platform
• Submitted false information
• Harmed SPARKED or participating organizations

13. Limitation of Liability

To the fullest extent permitted by law, SPARKED, its owners, officers, employees, affiliates, contractors, and partners shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages arising from your use of the platform.

SPARKED's maximum liability for any claim shall not exceed the total amount of donations made by the individual bringing the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless SPARKED, its owners, employees, affiliates, service providers, and partners from any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from:

• Your use of the platform
• Your violation of these Terms
• Information you submit
• Violation of applicable laws
• Infringement of another person's rights

15. Disclaimer of Warranties

The SPARKED platform is provided on an "AS IS" and "AS AVAILABLE" basis.

SPARKED makes no warranties regarding:

• Continuous availability
• Error-free operation
• Compatibility with all devices
• Accuracy of user-submitted information

16. Force Majeure

SPARKED shall not be responsible for delays or failures resulting from events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, payment processor interruptions, governmental actions, labor disputes, or other unforeseen events.

17. Arbitration & Class Action Waiver

Except where prohibited by law, any dispute arising from these Terms shall be resolved through binding arbitration in Palm Beach County, Florida.

You agree to bring claims only in your individual capacity and waive any right to participate in a class action lawsuit or class-wide arbitration.

18. Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

19. Electronic Acceptance

By using SPARKED, creating an account, registering a fundraiser, or making a donation, you acknowledge that you have read, understood, and agree to these Terms.

Electronic acceptance shall have the same legal effect as a handwritten signature.

20. Communications

By creating an account, you consent to receive:

• Donation receipts
• Campaign updates
• Administrative notifications
• Account-related communications
• Marketing emails (where permitted by law)

You may unsubscribe from marketing emails at any time. Transactional communications will continue as necessary to provide the service.

21. Student Privacy

SPARKED collects only the information reasonably necessary to administer fundraising campaigns. We are committed to complying with applicable student privacy laws, including COPPA and FERPA where applicable.

Please review our Privacy Policy for additional information.

22. Tax Disclaimer

SPARKED does not provide legal, tax, or accounting advice. Donors should consult their own tax advisors regarding the deductibility of donations.

Participating organizations are solely responsible for maintaining any applicable tax-exempt status and complying with charitable solicitation laws.

23. Changes to These Terms

SPARKED may update these Terms at any time. Changes become effective upon posting to the website. Continued use of the platform constitutes acceptance of the updated Terms.