Terms of Service
Last updated: December 20th, 2025
Effective Date: 1/22/2026
1. Introduction and Agreement
Welcome to SparkXP! These Terms of Service (the "Terms") govern your use of the website, Discord application, dashboard, and other related products (collectively referred to as "SparkXP" or the "Service"). By accessing or using SparkXP, you agree to comply with these Terms.
This is a legally binding agreement between Hawaii Interactive (referred to as "we," "us," or "the Company") and you (referred to as "you," "your," "user," "customer," or "client").
In cases of doubt, the owner of the Discord server on which SparkXP is utilized is held liable and is referred to as "You" in these Terms.
To fully understand and agree to these Terms, you must read, understand, and accept Discord Inc. ("Discord")'s Terms of Service (accessible at https://discord.com/terms).
Updates to the Terms
We reserve the right to change these Terms at any time. If we make changes, we will notify you no less than 14 days before the changes take effect. If you do not agree to the changes, you must stop using SparkXP. Your continued use of SparkXP after the modifications are posted will constitute your acceptance of those changes. You agree that it is your sole responsibility to periodically check these Terms to ensure you still agree to them.
2. Eligibility and Age Restrictions
By using the Service, you represent and warrant that you are at least the age of 13. If you are between 13 and 18 (or the age of majority in your jurisdiction), you represent and warrant that you have the permission of your parent or legal guardian to use the Service. Use of the Service is void where prohibited by law.
3. Description of Service
SparkXP is a Discord bot that provides various features and functionalities for the social platform "Discord" and is designed for integration with the "Roblox" platform.
SparkXP is not affiliated with Discord, Inc. or Roblox Corporation in any way.
SparkXP strictly follows Discord's "Developer Terms". YOU ARE NOT ALLOWED TO USE THIS SERVICE OR ITS PROVIDED FEATURES OTHER THAN INTENDED. You may not use SparkXP to send mass advertisements or abuse the service in any way that violates this or Discord's Terms. We are not responsible for any action, suspension, or termination taken by Discord or Roblox against your account or server as a result of your use of the Service.
4. License and Intellectual Property
4.1. Grant of License to User
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, commercial, or educational purposes, subject to your compliance with these Terms. All rights not expressly granted herein are reserved by Hawaii Interactive.
4.2. Restrictions
You may not copy, modify, distribute, or create derivative works based on SparkXP without our prior written consent. You may not reverse-engineer or otherwise attempt to derive source code from SparkXP.
4.3. User Content Ownership and License Grant to SparkXP
You retain all ownership rights in your User Content. You grant the Company a necessary license to use, reproduce, and distribute the User Content solely for the purposes of operating, improving, and promoting the Service.
5. Restrictions on Your Use
While using the Service, you agree not to:
- Use SparkXP for any illegal or unauthorized purpose.
- Abuse any features or API credentials provided by SparkXP.
- Use SparkXP in a manner that could damage, disable, or overburden the Service.
- Use SparkXP in a way that violates any third-party rights, including intellectual property rights.
- Access SparkXP's services using automated technology such as bots or other software ("scraping").
- Sell, rent, or lease access to the Service or any of its features to any third party without our express prior written consent.
6. Paid Services
a. By subscribing to paid services, you agree to pay the specified fees.
b. All payments are non-refundable unless otherwise stated. If you cancel, you retain access until the end of the billing cycle.
c. Chargebacks: Any chargeback or reversal of payment may result in the immediate and permanent termination of your access to the Service.
d. SparkXP reserves the right to change its pricing and subscription plans at any time; we will notify you of any changes.
e. All fees are exclusive of all taxes, duties, and other governmental assessments, unless otherwise stated.
f. If offered, you must cancel a free trial before the end of the period to avoid being charged.
7. Outages, Termination, and General Services
SparkXP and its services are provided "as is" and "as available" without any warranties. We do not guarantee that the Service will be uninterrupted, secure, or error-free. We are not liable for any outages, service changes, or complete shutdown of the Service.
Hawaii Interactive reserves the right to suspend or terminate your access to SparkXP at any time, without notice, for any reason, including but not limited to a violation of these Terms.
8. Usage of Your Brand Features
By using SparkXP, you grant us a non-exclusive, worldwide, royalty-free license to use your brand features (name, logo, trademarks) solely for the purpose of providing the Service and, where applicable, for promoting SparkXP by referencing your server or group as a user.
9. Third-Party Services
SparkXP may contain links to third-party websites or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We use Stripe as our third-party payment processor for paid services.
10. Copyright Infringement (DMCA Policy)
If you believe content on the Service infringes your copyright, you may submit a written notification to us at our contact email (see Section 15) with the required information (signature, identification of copyrighted work and infringing material, contact information, and a good faith belief statement). We will terminate the account of any user found to be a repeat infringer of copyright.
11. Limitation of Liability
SparkXP and its services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind.
To the fullest extent permitted by law, Hawaii Interactive shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability to you for all damages shall not exceed the amount paid by you for the Service during the twelve (12) months preceding the claim, or $100 USD, whichever is less.
12. Indemnification
You agree to indemnify, defend, and hold harmless Hawaii Interactive, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of SparkXP or your violation of these Terms.
13. Miscellaneous (Governing Law & Disputes)
a. These Terms constitute the entire agreement.
b. If any provision is invalid, the remaining provisions remain in full force.
c. Governing Law: These Terms are governed by the laws of the State of Washington.
d. Dispute Resolution - Binding Arbitration: Disputes shall be resolved through binding arbitration in King County, Washington in accordance with AAA rules.
e. Jurisdiction: You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington for any claims not subject to arbitration.
14. Responsibilities
a. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
b. You agree to notify us immediately of any unauthorized use of your account.
c. You are responsible for backing up any configurations, settings, or data you have stored through the Service. We are not liable for any loss or corruption of your data.
d. We are not responsible for the success or failure of you and your group(s) or for any financial loss or damage.
15. Contact Us
If you have any questions or concerns about these Terms, please contact us at support@sparkxp.xyz.