Terms of Service | faithspark Prayer+AI

Terms of Service / End User License Agreement

1. Acceptance of Terms

By accessing or using the FaithSpark app (the "Service"), you agree to comply with and be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you may not use the Service.

2. Acknowledgement

You acknowledge that these Terms are concluded between you and Ascend Innovations, LLC ("Ascend Innovations"), and not with any third-party platform provider (such as Apple or Google). Ascend Innovations, not the platform provider, is solely responsible for the Service and the content thereof. Your use of the Service must comply with the platform provider’s usage rules and terms

3. Description of Service

FaithSpark provides a platform for guided prayer sessions and other faith-based activities. The Service includes features such as adding prayers to a list, viewing prayer lists, and accessing curated prayer content. Some content provided through the Service may be generated using artificial intelligence (AI).

4. Scope of License

The license granted to you for the Service is limited to a non-transferable license to use the Service on any device that you own or control and as permitted by the usage rules set forth by the platform provider.

5. Maintenance and Support

Ascend Innovations is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms or as required under applicable law. The platform provider has no obligation to furnish any maintenance and support services for the Service.

6. Warranty

Ascend Innovations is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify the platform provider, and the platform provider may refund the purchase price for the Service to you. To the maximum extent permitted by applicable law, the platform provider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Ascend Innovations’ sole responsibility.

7. Product Claims

You acknowledge that Ascend Innovations, not the platform provider, is responsible for addressing any claims of yours or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

8. Intellectual Property Rights

You acknowledge that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Ascend Innovations, not the platform provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Developer Information

Ascend Innovations, LLC's contact information is as follows:

Name: Ascend Innovations, LLC
Email: support@faithspark.com

11. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Service. For example, if you have a VoIP application, then you must not be in violation of your wireless data service agreement when using the Service.

12. Third-Party Beneficiary

You and Ascend Innovations acknowledge and agree that the platform provider and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the platform provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

13. User Accounts

To use certain features of the Service, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account.

14. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

15. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm FaithSpark or users of the Service.
To impersonate or attempt to impersonate FaithSpark, a FaithSpark employee, another user, or any other person or entity.

16. Subscription Plans and Payments

FaithSpark offers both free and paid subscription plans. Users with a free subscription ("FREEMIUM") have limited access to features, while paid subscriptions ("PAID") and users with all-access ("ALL_ACCESS") have full access to all features. Subscription fees are non-refundable except as required by law. We reserve the right to change our subscription plans or adjust pricing for the Service in any manner and at any time as we may determine in our sole and absolute discretion.

17. AI-Generated Content Disclaimer

Some of the content provided through the Service may be generated using artificial intelligence (AI). While we strive to ensure the accuracy and relevance of the content, AI-generated content may contain errors, inaccuracies, or potentially misleading information. By using the Service, you acknowledge and agree that:

The AI-generated content is provided "as is" without warranties of any kind, either express or implied.
Ascend Innovations does not guarantee the accuracy, completeness, or usefulness of the AI-generated content.
You assume all risks associated with the use of any AI-generated content, including any reliance on its accuracy or completeness.
Ascend Innovations shall not be liable for any errors or omissions in the AI-generated content or for any loss or damage of any kind incurred as a result of the use of any AI-generated content.

18. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Ascend Innovations, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ascend Innovations, LLC.

19. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.

20. Limitation of Liability

In no event shall Ascend Innovations, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) any user content or the defamatory, offensive, or illegal conduct of any third party.

21. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

22. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

23. Contact Us

If you have any questions about these Terms, please contact us at support@faithspark.com.