These terms govern use of the Sparkle Studio web application, mobile apps and related services (the “Service”), provided by Sparkle Studio LLC, an Arizona limited liability company (“Sparkle Studio”, “we”). By creating an account or using the Service you agree to them on behalf of yourself and, if you are accepting for a studio, on behalf of that studio (the “Customer”).
1. The Service
Sparkle Studio is an operations hub for small businesses built on custom work - tattoo and permanent make-up studios, hair and bridal, cake makers and event planners, jewelry makers, wrap and restoration shops, florists, and custom artists, each a “studio” in these terms: inquiries, projects, quotes, deposit readiness, scheduling, forms and agreements, and client messaging. We may change features over time; we will not remove a Customer’s ability to read and export its own data.
2. Accounts and invitations
- Accounts are created by invitation. The person who accepts an invitation for a studio must have authority to bind it.
- Each user keeps their sign-in credentials private and is responsible for activity under their account. Tell us at once if you believe an account has been compromised.
- A studio owner controls which users belong to the studio, their roles and what each role may see and do.
- A person who works at a studio may hold their own account and an affiliation with the studio; what each side sees is governed by the affiliation’s settings in the Service.
3. Customer data and client consent
- Everything a Customer enters into the Service — client records, forms, images, messages — is the Customer’s data. The Customer owns it; we process it to provide the Service, as described in our Privacy Policy.
- The Customer is responsible for having the right to enter that data and for obtaining any consent its clients’ data requires, including consent to receive text messages through the Service and, where a service needs it, consent for the collection of health information on intake forms.
- The Customer is responsible for the content of the forms, templates and messages it creates and sends.
- The Customer decides how long to keep its records and complies with the record-keeping laws that apply to its services. The Service helps; it does not decide for the Customer.
4. Acceptable use
Do not use the Service to send unsolicited messages, to harass anyone, to store or share content you have no right to, to interfere with the Service or other customers, or to break any law. Do not probe, scan or test the Service’s security except as we agree in writing. We may suspend an account that puts the Service or other customers at risk, and we will tell you why.
5. Connected services
The Service can connect to third-party services on your instruction: Google Calendar, Instagram, and the messaging carriers behind text and email. Each is provided by its own company under its own terms, which you accept when you connect it. We are not responsible for those services, and connecting one is optional.
6. No payment processing
Sparkle Studio does not process payments and does not hold client funds. Deposits and payments are collected by the Customer through its own payment provider, such as Square. The Service records readiness and status — for example that a deposit invoice was sent or paid — as the Customer enters or confirms it.
7. Fees
Fees for the Service are as agreed in writing between Sparkle Studio and the Customer. During an invitation-only period the Service may be provided without charge; we will give reasonable notice before fees begin or change.
8. Availability and support
We work to keep the Service available and will tell you about planned maintenance. During the invitation-only period the Service is provided without a service-level commitment. Support is by email at support@sparklestudio.me.
9. Term, termination and export
- Either side may end the agreement with written notice. We may end it sooner for a material breach that is not cured within 30 days of notice, or at once for conduct that puts the Service or other customers at risk.
- Reading and exporting the Customer’s data are never withheld, including after a subscription ends or a feature is turned off.
- After termination we keep the Customer’s data for a reasonable period so it can be exported, then delete it, except where the law or a legal hold requires longer retention.
10. Intellectual property
The Service, its design and its software belong to Sparkle Studio LLC and its licensors. We grant the Customer a non-exclusive, non-transferable right to use the Service under these terms. The Customer’s data remains the Customer’s. Feedback you give us may be used without obligation.
11. Disclaimers
The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. The Service is a tool for running a studio; it is not medical, legal or financial advice, and it does not replace the Customer’s own judgment about its clients and its obligations.
12. Limitation of liability
To the extent the law allows, neither side is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, arising out of the Service or these terms. Our total liability for all claims in any twelve-month period will not exceed the fees the Customer paid us in that period, or one hundred US dollars if no fees were paid. These limits do not apply to a side’s breach of its confidentiality or data-protection obligations, to its gross negligence or willful misconduct, or to liabilities that cannot be limited by law.
13. Indemnity
The Customer will defend and indemnify Sparkle Studio against third-party claims arising from the Customer’s data, the Customer’s use of the Service in breach of these terms, or the services the Customer provides to its clients.
14. Governing law and disputes
These terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Disputes will be brought in the state or federal courts located in Pima County, Arizona, and both sides consent to their jurisdiction. Before filing, each side agrees to try in good faith to resolve the dispute by discussion for at least 30 days.
15. Changes to these terms
We may update these terms, including when counsel completes its review. We will give notice in the Service or by email at least 30 days before a material change takes effect; continued use after that date is acceptance. The date at the top is the date of the current version.