By accessing or using SellSparkAI's AI-powered product photography optimization service (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you and SellSparkAI Ltda ("SellSparkAI", "we", "us", or "our"). By clicking "I agree to the Terms of Service" during registration or checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms.
SellSparkAI provides an AI-powered product photography optimization service specifically designed for Etsy sellers. Our Service transforms your existing product photos into professionally optimized images through a multi-phase AI pipeline:
The Service utilizes third-party AI providers for processing, including but not limited to OpenAI, Google Gemini, and specialized image processing services. Your photos are transmitted to these providers solely for the purpose of optimization and are subject to their respective terms of service and privacy policies.
The Service is hosted on infrastructure provided by third-party service providers located in the United States:
By using the Service, you acknowledge that your data may be processed and stored in the United States. Both Render and Cloudflare are certified under the EU-U.S. Data Privacy Framework and maintain Standard Contractual Clauses (SCCs) for international data transfers. For complete details on data processing and international transfers, please see our Privacy Policy.
The Service is provided on a subscription basis with 30-day billing cycles starting from your subscription date.
To use the Service, you must create an account. Registration can be completed through:
Email verification requirements depend on your registration method and subscription tier:
To access free tier features, additional verification is required to prevent abuse:
Each phone number and payment card may only be associated with one account. Attempting to verify multiple accounts with the same credentials may result in account suspension.
To protect against fraud and abuse, we collect the following during verification:
This information is used solely for fraud prevention purposes and is retained as described in our Privacy Policy.
You are responsible for maintaining the confidentiality of your account credentials. You agree to:
You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that:
SellSpark AI offers the following subscription tiers:
Free Tiers (no monthly charge):
Paid Tiers:
All tiers include: AI product analysis, photography best practices research, framework recommendations, complete presentation customization, AI image generation, Etsy-optimized aspect ratios, and 300 DPI professional output.
Prices are subject to change. We will notify you at least 30 days in advance of any price changes affecting your subscription.
All subscription plans operate on a 30-day billing cycle starting from your subscription date (anniversary billing). Your billing cycle:
By subscribing to a paid tier, you agree that:
Applicable taxes (VAT, GST, sales tax) are calculated and collected based on your billing address:
Your monthly photo allowance is subject to the following rules:
Paid tier subscribers (Spark Starter, Spark Pioneer, Growth Spark) may purchase additional photos as one-time top-ups:
Top-up photos are added immediately to your current billing cycle and expire at the end of your 30-day cycle. Top-ups are non-refundable and do not roll over. Free tier users must upgrade to a paid tier to purchase top-ups.
IMPORTANT - AUTOMATIC RENEWAL NOTICE: Your paid subscription will automatically renew every 30 days on your billing date. You will be charged the then-current subscription fee (as listed in Section 4.1) unless you cancel or downgrade before the renewal date. By subscribing, you expressly acknowledge and consent to these automatic recurring charges.
Prior to each renewal, we may send you a reminder email to the address on file. You are responsible for ensuring your contact information is current.
You may cancel your paid subscription at any time by:
Cancellation is processed at the end of your current billing period. You retain full access to your tier's features until that date.
Instead of cancelling, you may downgrade to a lower tier at any time:
To downgrade, navigate to Settings → Subscription and select your desired tier.
Upon cancellation:
If you have scheduled a cancellation or downgrade but change your mind before your billing period ends:
If your payment method fails:
You retain full ownership of all photos you upload to the Service. SellSpark AI does not claim ownership of your original photos.
By uploading photos, you grant SellSpark AI a limited, non-exclusive license to:
The AI-generated optimized photos are created using SellSpark AI's proprietary technology and third-party AI services. By using the Service, you receive a perpetual, worldwide, royalty-free license to use, reproduce, modify, distribute, and display the optimized photos for any lawful commercial purposes, including:
Important Copyright Notice: Under current U.S. Copyright Office guidance, AI-generated content without sufficient human authorship may not be eligible for copyright protection. SellSpark AI makes no representations regarding the copyrightability of AI-generated outputs. You are granted full usage rights as described above, but you may not be able to register copyright in purely AI-generated portions of the optimized images. This does not affect your right to use the images commercially.
You may not upload photos that:
By uploading photos, you represent and warrant that:
You agree to indemnify and hold harmless SellSpark AI from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your breach of these representations.
Uploaded photos (originals) are retained for 60 days after processing to enable effective customer support, then permanently deleted from our servers. Optimized photos (AI-generated results) and all session data are retained for 90 days after processing, then permanently deleted to manage storage efficiently. We strongly recommend downloading and saving your optimized photos promptly after processing.
Product optimization cache data (anonymized analysis patterns, styling recommendations, and marketplace metadata—containing no personal photos) is retained for up to 390 days (approximately 13 months) to improve AI recommendations, then automatically pruned based on usage patterns.
You agree to use the Service in compliance with all applicable laws and these Terms. You agree NOT to:
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
While we strive to provide high-quality photo optimizations, we do not guarantee that:
To the maximum extent permitted by applicable law, SellSpark AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service.
Our total liability to you for all claims arising from the Service shall not exceed the amount you paid to SellSpark AI in the 12 months preceding the claim.
Nothing in these Terms excludes or limits our liability for:
For EU/EEA/UK consumers: These limitations do not affect your statutory consumer rights under the EU Consumer Rights Directive (2011/83/EU) or applicable national consumer protection laws. If you are a consumer in the EU, EEA, or UK, you may have additional rights that cannot be waived by contract.
For future Brazilian consumers: When we support Brazilian customers, your rights under the Brazilian Consumer Defense Code (CDC) and LGPD will be preserved. Nothing in these Terms shall be interpreted to limit rights that cannot be contractually waived under Brazilian law. Note: SellSparkAI does not currently support Brazilian customers for purchases—contact us at to express interest.
Before filing a formal claim, you agree to contact us at to attempt to resolve the dispute informally within 30 days. We commit to working with you in good faith to resolve any issues.
For users residing in the United States: If we cannot resolve a dispute informally, you agree that any disputes will be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court, except for:
Arbitration will take place in a location mutually agreed upon, or via telephone/video conference. Each party shall bear their own costs, except that SellSpark AI will pay filing fees for claims under $1,000 USD.
IMPORTANT - CLASS ACTION WAIVER: For users residing in the United States, you agree that disputes will be resolved on an individual basis. You waive your right to participate in class action lawsuits or class-wide arbitration. This waiver does not apply to claims of sexual assault or sexual harassment per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Opt-Out Right: You may opt out of this arbitration agreement and class action waiver by sending written notice to within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out.
EU/EEA/UK Residents: The arbitration and class action waiver provisions in Sections 9.2 and 9.3 do not apply to you. You retain the right to bring claims in the courts of your country of residence, and you may also bring claims in the courts of Ireland (where our EU representative is located). Nothing in these Terms affects your rights under the EU Consumer Rights Directive.
Future Brazilian Customers: When we support Brazilian customers, the arbitration and class action waiver provisions will not apply. Disputes will be resolved in the courts of Brazil in accordance with the Brazilian Consumer Defense Code (CDC). All rights guaranteed under Brazilian consumer protection law and LGPD will be preserved.
Other International Users: If mandatory consumer protection laws in your jurisdiction provide you with the right to bring proceedings in your local courts, this right is preserved.
These Terms are governed by the laws of the Federative Republic of Brazil, where SellSparkAI Ltda is incorporated. Note: While incorporated in Brazil, we do not currently support Brazilian customers for purchases. This choice of law does not deprive you of the protection afforded by mandatory consumer protection laws in your country of residence.
Future Brazilian Customers: When we support Brazilian customers, all disputes will be resolved exclusively in the courts of Brazil. The Brazilian Consumer Defense Code (CDC - Lei nº 8.078/1990) and LGPD (Lei nº 13.709/2018) will apply in full. Complaints may be filed with PROCON or other consumer protection agencies.
EU/EEA Residents: Pursuant to Regulation (EC) No 593/2008 (Rome I), you retain the protection of mandatory consumer laws of your country of habitual residence. You may bring claims in the courts of your country of residence. You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
UK Residents: The Consumer Rights Act 2015 and other mandatory UK consumer protections apply. You retain the right to bring claims in UK courts.
US Residents: For disputes not subject to arbitration under Section 9.2, the federal and state courts located in the State of New York shall have jurisdiction, provided this does not limit your right to bring claims in small claims court in your county of residence.
California Residents: California Civil Code Section 1789.3 provides California users with specific consumer rights. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Other Jurisdictions: If mandatory consumer protection laws in your jurisdiction grant you rights that cannot be waived by contract, those rights are preserved.
Please see our separate Refund Policy page for complete details on refunds, returns, and cancellations.
Summary: Due to the instant digital delivery nature of our Service, we generally do not offer refunds once photos are processed. Exceptions may apply for service outages, technical errors, or unauthorized charges.
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
By using the Service, you acknowledge our collection and use of your data as described in the Privacy Policy, including:
We process your personal data in compliance with applicable data protection laws, including:
Your data protection rights are fully described in our Privacy Policy.
You may terminate your account at any time by canceling your subscription and deleting your account from the Settings page.
We reserve the right to suspend or terminate your account if:
Upon termination:
We reserve the right to modify these Terms at any time. If we make material changes, we will:
Your continued use of the Service after the effective date of the changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must cancel your subscription before the effective date.
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and SellSpark AI regarding the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
You may not assign or transfer these Terms or your account to any third party without our written consent. We may assign these Terms to any successor or affiliate.
Third-Party Trademarks: Etsy® is a registered trademark of Etsy, Inc. SellSpark AI is an independent service and is not affiliated with, endorsed by, or sponsored by Etsy, Inc. Any references to "Etsy" are used for descriptive purposes only to indicate compatibility with the Etsy marketplace.
SellSpark AI Brand: "SellSpark AI" and related logos, product names, and service names are trade names of SellSpark AI Ltda You may not use these names or marks without our prior written permission.
If you have any questions about these Terms of Service, please contact us:
Typical response time: Within 24 hours