Terms of Service for Sparky Notes Smart Editor

Last Updated: September 15, 2025

Please read these Terms of Service ("Terms") carefully before using the Sparky Notes Smart Editor ("the App") developed and operated by Brain Dance Designs LLC ("us," "we," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you are 13 years of age or older and have the legal capacity to enter into a binding contract.

License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App for your personal, non-commercial use on devices that you own or control.

App Features

The App allows you to:

  • Create, edit, and manage documents and recipes.
  • Store your documents securely within the App's infrastructure.
  • Use AI-powered features (“AI Assist” and “Ask AI”) to help format, update, or enhance recipes, and ask cooking-related questions.
  • Import recipes from external websites by pasting a URL into AI Assist. Where permitted, recipe text may be extracted and reformatted. Imported images are not supported—you must provide your own photos.

The App does not support image generation or connections with third-party cloud storage services at this time.

User Responsibilities

You are responsible for:

  • Maintaining the security of your account and password.
  • Keeping your account information up to date.
  • Complying with these Terms and all applicable laws.
  • Using the App in a manner consistent with its intended purpose.
  • Notifying us immediately of any unauthorized use of your account or any other breach of security.
  • Ensuring you have the right to import and store any recipe content you provide or import via URL. Imported recipes are for your personal, non-commercial use only, and may not be published or redistributed.

Transactional Messages

By using the App, you opt in to receive transactional messages (e.g., verification codes, password resets) via SMS or email. These messages are essential for account security and App operations.

Prohibited Conduct

You agree not to:

  • Use the App for any illegal or unauthorized purpose.
  • Violate any laws applicable to your use of the App.
  • Infringe intellectual property rights of others.
  • Harass, abuse, or harm others.
  • Upload or transmit malicious code.
  • Collect or track others' personal information.
  • Use the App for spam, phishing, or fraud.
  • Impersonate others.
  • Create or distribute inappropriate content.
  • Violate the privacy of others.
  • Attempt to bypass restrictions on websites that prohibit automated importing (e.g., paywalls, robots.txt).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App.

Violation of these Terms may result in termination of your access.

Third-Party Services

The App may use third-party services (e.g., for authentication, hosting, AI processing). These integrations are governed by the third parties’ terms of service and privacy policies. We are not responsible for their content, features, or practices.

OpenAI and AI Policy

Your use of the App's AI features is governed both by our AI Features Policy and by OpenAI’s Terms of Service and Privacy Policy.

By using AI features, you agree to:

  • Limit usage to recipe formatting, updates, and cooking-related queries.
  • Include your recipe data in AI requests only when you explicitly opt in.
  • Understand that when importing from a URL, recipe instructions may be paraphrased or reformatted by AI.
  • Provide your own photos; images from third-party sites are not imported.
  • Avoid providing personal, sensitive, or confidential information.
  • Understand that AI-generated responses may not always be accurate and should not be treated as professional advice.

We bear no responsibility for misuse of AI features or any violations of OpenAI's policies.

Privacy Policy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

No Warranty

The App is provided "as is" and "as available," without any warranties—express or implied—including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant uninterrupted or error-free use. Use of the App is at your own risk.

Limitation of Liability

To the fullest extent permitted by law, we (and our affiliates, officers, employees, agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of data or goodwill—arising from or related to your use of the App, even if advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or third-party rights.

Changes to These Terms

We may update these Terms periodically. Significant changes will be posted here with an updated "Last Updated" date. Continued use after changes constitutes acceptance.

Termination

We may suspend or terminate your access at any time, for any reason, without notice—including for Term violations. Surviving provisions include liability limits, indemnity, and governing law.

Governing Law

These Terms are governed by the laws of Oakland County, MI. You submit to the exclusive jurisdiction of its courts for disputes arising from these Terms.

Severability

If any provision is unenforceable, the remainder shall continue in full force and effect.

Entire Agreement

These Terms, together with linked policies (Privacy and AI Features), constitute the complete agreement between you and us regarding the App.

Contact Us

If you have any questions or concerns, please contact us at:

Brain Dance Designs LLC
info@braindance.io