1. Agreement to These Terms
These Terms of Service (Terms) govern your access to and use of the SmidgeSpark website, applications, prompts, starter artwork, templates, downloads, memberships, and related services (collectively, the Service). The Service is operated by Ozner Entertainment Inc. (SmidgeSpark, Company, we, us, or our). By accessing or using any part of the Service, whether as a visitor, free user, account holder, or paid member, you agree to be bound by these Terms and acknowledge our Privacy Policy. We will ask you to affirmatively accept these Terms when you create an account or purchase a membership, and we display a notice of these Terms where free resources are downloaded. If you do not agree, do not access or use the Service.
If you access or use the Service for an organization, school, classroom, or other entity, you represent and warrant that you have authority to bind that entity. Additional written agreements apply only when expressly identified and accepted.
2. Eligibility and Adult Managed Use
You must be at least 18 years old (or the age of majority where you live, if higher) and legally able to enter into a binding agreement to create an account or purchase a membership. Parents and legal guardians may obtain resources for supervised use by children in their household. Educators may obtain resources only if they have authority to accept the applicable license for their classroom or school.
At launch, children may not create independent accounts, provide personal information directly through the Service, or submit artwork, photographs, audio, or other content to the Service. Do not upload student names, contact information, images, voices, school identifiers, or other personal information. These restrictions do not limit any obligations we may have under applicable law.
3. Accounts and Security
You must provide accurate, current, and complete account information and keep it updated. You are responsible for safeguarding your login credentials and for activity conducted through your account, except to the extent caused by our failure to maintain reasonable safeguards. Notify us promptly at support@oznerentertainment.com if you suspect unauthorized access. Do not share your account credentials with anyone, including students or members of your household. A household, classroom, or school license permits sharing the resources you obtain, not your login.
4. Permitted Use and License Scope
Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, and non-sublicensable right to access and use the Service and the resources made available under your selected plan or order for lawful personal, household, or authorized educational purposes. We may suspend or terminate this right only as described in Sections 5 and 11. A household license covers the purchasing adult and children in that household. A classroom license covers one educator and one identified class. A school license covers only the school, staff, and classes identified in the applicable order. School-wide use requires a school license or separate written agreement. Classroom and school licenses take effect only when expressly offered and identified in your order. After a paid membership ends, you may continue to use copies of resources you downloaded during the paid period for the personal, household, or educational purposes permitted when you downloaded them, but you may not download additional paid resources.
You may not copy, publish, distribute, sublicense, sell, rent, lease, make available, or create a competing library from unmodified or substantially standalone SmidgeSpark prompts, starter artwork, templates, source files, or resource packs, except where we expressly permit it in writing or where applicable law does not permit the restriction.
5. Acceptable Use
You will not use the Service to: violate law or the rights of other persons; infringe intellectual-property, privacy, publicity, or other rights; submit unlawful, harmful, exploitative, harassing, or deceptive material; disclose the personal information of other persons; interfere with the Service or its security; circumvent access controls or membership limits; introduce malicious code; impersonate another person; use bots, scrapers, crawlers, or other automated means to access, copy, or extract resources, other than standard search-engine indexing; use SmidgeSpark prompts, artwork, templates, or resource files to train, fine-tune, or develop artificial-intelligence or machine-learning models or datasets; or use the Service in a manner that could damage, disable, overburden, or impair it. We may suspend or terminate access for a material violation, security threat, or unlawful activity, subject to applicable law and, where practicable, notice and an opportunity to seek review.
6. Ownership and Your Artwork
As between you and SmidgeSpark, you retain the rights you hold in your original artwork and creative contributions. We do not claim ownership of your artwork merely because a SmidgeSpark prompt inspired it. You are responsible for ensuring that any content you submit or use through the Service does not violate the rights of other persons.
We and our licensors retain all rights, title, and interest in the Service, including its branding, prompts, starter artwork, templates, resource files, software, and other protected materials. Except for the limited rights expressly granted in these Terms, no rights are granted by implication, estoppel, or otherwise.
7. Plus Commercial License
During an active paid Plus membership, we grant the covered creator a nonexclusive, worldwide, royalty-free license to incorporate eligible SmidgeSpark starter artwork and templates into finished original artwork for sale, including prints, commissions, and merchandise. For a household plan, the license is granted to the account holder, who may permit children in the household to exercise it under the account holder’s supervision. Eligible starter artwork and templates are identified as eligible in the Service. Classroom and school commercial rights apply only if expressly stated in the applicable order.
This license covers only rights we own or are authorized to license. It does not provide exclusivity, trademark clearance, copyright protection, uniqueness, or permission to use third-party characters, brands, or materials. You may not resell, sublicense, distribute, or make available the underlying source materials, whether modified only minimally or as substantially standalone files. Commercial permission for qualifying finished artwork created during an active paid membership survives expiration, cancellation, or early termination with a refund, but not termination for fraud, unauthorized payment, or material breach of this license; new works created after paid access ends require then-current permission if they incorporate protected materials outside the remaining free-use rights. You are responsible for keeping reasonable records showing when qualifying works were created.
8. Future Submissions and Public Features
Saving or downloading work does not give us permission to publish, display, advertise with, train systems on, or otherwise use your work outside operation of the Service. Any future gallery, event, competition, or public submission feature will be governed by separate terms, consent flows, moderation rules, and eligibility requirements. No public submission or prize event is offered under these Terms unless separately announced with applicable rules.
9. Plans, Billing, Automatic Renewal, and Taxes
Paid membership plans, current prices, billing periods, renewal terms, and material plan features are shown at checkout. Unless canceled before the next billing date, a paid membership automatically renews for the same billing period. You authorize us and our payment processor to charge the applicable amount and taxes to your selected payment method on each renewal date. We will provide checkout disclosures, confirmation, and notices required by applicable law. For annual plans, we will send a renewal reminder by email before the renewal date within the period required by applicable law.
You are responsible for applicable sales, use, value-added, and similar taxes, except taxes based on our net income. We may change prices or plan features prospectively on notice and with any additional consent required by law. A price change will not alter an already-paid subscription period.
If a renewal payment fails, we or our payment processor may retry the charge, and we will notify you by email. You may update your payment method through the account billing controls. If payment is not received within 7 days after the first failed attempt, paid access may be suspended until payment is made. You will not be charged for any period during which paid access was suspended.
10. Cancellation and Refunds
You may cancel renewal at any time through the account billing controls or by contacting support@oznerentertainment.com. A cancellation completed through the account billing controls, or a cancellation request received at that email address, before the next billing date prevents that renewal, even if our processing is delayed. Except as required by law or as stated below, cancellation does not refund fees already paid and access continues through the paid period.
Monthly plans are not refundable for an ordinary change of mind, except as required by law or where we make an error. For annual plans, you may stop renewal and retain access through the paid annual term, or request early termination. For a standard annual payment of $35, the early-termination refund is the greater of zero or $35 minus $4 multiplied by the number of months used. Months used are counted as complete calendar months from the annual start date, plus any partial month prorated by elapsed time divided by the length of that subscription month, calculated as of the effective termination time. The final amount is rounded to the nearest cent. Before you confirm early termination, we will show you the refund amount and the date and time paid access will end. Each renewed annual term starts a new calculation, and a refund will not exceed the amount you actually paid for that term. Discounted or promotional annual plans will disclose their own calculation before purchase. Early termination ends paid access when effective. This formula does not override mandatory consumer, withdrawal, refund, chargeback, or other rights.
We will correct duplicate charges, incorrect excess charges, and charges collected after a timely cancellation. If purchased access cannot be restored within a reasonable time after a material failure, we will refund the affected undelivered service, in addition to any other remedy required by law. If we discontinue a paid service, or terminate your account for reasons other than your material breach, fraud, or unlawful activity, we will refund the unused portion of your prepaid period at the rate you actually paid, without applying the annual early-termination formula. Requests should be sent to support@oznerentertainment.com with the account email and transaction date; do not send full payment-card details. We will confirm cancellations in writing and process approved refunds using the original payment method when practicable.
11. Availability, Modification, and Termination
We may modify, maintain, suspend, or discontinue the Service. We will not use that discretion to remove material prepaid benefits without an appropriate remedy, including the refund described in Section 10. We may suspend or terminate your access for a security threat, unlawful activity, fraud, nonpayment, or material breach of these Terms. Where lawful and practicable, we will tell you the reason and how to request review at support@oznerentertainment.com. Cancellation of a subscription and deletion of account information are separate requests and may be subject to legal, security, billing, backup, and record-retention obligations.
12. Disclaimers
THE SERVICE AND RESOURCES ARE PROVIDED AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMIDGESPARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION. PROMPTS ARE CREATIVE STARTING POINTS; WE DO NOT PROMISE PARTICULAR ARTISTIC, FINANCIAL, EDUCATIONAL, OR COMMERCIAL RESULTS. Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMIDGESPARK AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply where prohibited by law and do not limit liability for fraud, willful misconduct, or any liability that cannot lawfully be limited.
14. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless SmidgeSpark and its affiliates, licensors, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from your unlawful use of the Service, your material breach of these Terms, or content you submit that infringes the rights of other persons. We will give you prompt notice of any claim; a delay in notice relieves you of your obligations only to the extent the delay materially prejudices your defense. We may participate in the defense with counsel of our choosing at our expense.
15. Electronic Communications
You agree that we may provide service-related notices and communications electronically, including by email to the address associated with your account or by posting them in the Service. These may include account, security, billing, subscription, cancellation, policy-update, and legal notices. You must keep your email address current. You may request a paper copy of a notice or ask questions about electronic notices at support@oznerentertainment.com. This provision does not replace any separate consent or disclosure required by applicable law for a particular notice. Marketing communications are subject to separate choices and applicable unsubscribe requirements.
16. Governing Law, Venue, and Disputes
Please contact support@oznerentertainment.com first so we may attempt to resolve a concern. Except where applicable law requires otherwise, these Terms are governed by Florida law, without regard to conflict-of-law principles. The state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction and venue for disputes arising out of or relating to these Terms or the Service, except that either party may bring an individual claim in small-claims court in the county where you reside if the claim qualifies. This clause does not deprive a consumer of mandatory protections or a forum that applicable law does not permit us to waive. No mandatory arbitration or class-action waiver is imposed by these Terms.
17. General Provisions
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, applicable order terms, and any expressly accepted supplemental terms are the entire agreement concerning the Service and supersede prior understandings on that subject.
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, subject to applicable law. We are not responsible for a delay or failure caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government action, utility or network failures, or third-party service interruptions. Provisions that by their nature should survive termination or expiration do so, including payment obligations, intellectual-property provisions, commercial-license permissions and restrictions under Section 7, disclaimers, liability limits, indemnity, dispute terms, and these general provisions.
18. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will notify you by email to your account address or by a prominent notice in the Service at least 30 days before the change takes effect, unless a shorter period is required for legal, security, or fraud-prevention reasons. Where required by law, we will ask you to accept the updated Terms. Changes do not apply to disputes arising before their effective date, do not alter an already-paid subscription period, and do not expand the rights we receive in your artwork. If you do not agree to a change, you may stop using the Service and cancel your membership as described in Section 10.
19. Third-Party Services
The Service relies on third-party services, including Stripe for payments and Google for optional sign-in. Your use of those services is subject to their own terms and privacy policies. The Service may link to third-party websites that we do not control, and we are not responsible for their content or practices.
20. Contact and Legal Notices
Contact Ozner Entertainment Inc. at 5261 NW 112 Place, Doral, FL 33178 or support@oznerentertainment.com. Legal notices to us must be sent to that mailing address, with a copy by email to support@oznerentertainment.com.