Terms of Service

Last Updated: February 14, 2025

1. Introduction

The SPARK Innovation Hub website located at https://hub.spark.ngo ("Site") is a copyrighted work belonging to Stitching SPARK ("SPARK", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site. You must be at least 18 years of age to access the Site.

2. Access to the Site

2.1 License Grant

Subject to these Terms, SPARK grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own personal, noncommercial use.

2.2 Restrictions

The rights granted to you are subject to the following restrictions:

• You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site
• You shall not modify, create derivative works, disassemble, reverse compile, or reverse engineer any part of the Site
• You shall not access the Site to build a similar or competitive platform
• You shall not copy, reproduce, distribute, republish, download, display, post, or transmit Site content except as permitted by these Terms

SPARK reserves the right to modify, suspend, or discontinue the Site with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Site.

3. User Content

3.1 Definition and Responsibility

"User Content" means any information and content that users submit to the Site. You are solely responsible for your User Content and assume all risks associated with it. You certify that your User Content does not violate our Acceptable Use Policy.

3.2 License Grant

You grant SPARK an irrevocable, nonexclusive, royalty-free, worldwide license to use, modify, publicly display, reproduce, distribute, and create derivative works of your User Content. This license allows us to:

• Move user emails between service providers for operational purposes
• Maintain and analyze User Content through tools like Google Analytics and Microsoft Clarity
• Retain ownership rights of content created on our platform even after account deletion

3.3 Content Retention and Deletion

When you request account deletion:

• We will delete your personal account information
• We maintain ownership rights to content you've created
• We may retain anonymized content that's integral to the platform
• Complete deletion of all content may not be possible due to technical and operational requirements

3.4 Acceptable Use Policy

You agree not to use the Site to:

• Violate any third-party rights or intellectual property laws
• Post unlawful, harassing, abusive, or harmful content
• Upload malicious software or code
• Send spam or unsolicited messages
• Harvest user information without consent
• Interfere with the Site's operation
• Gain unauthorized access

4. Privacy and Data Protection

4.1 GDPR Compliance

We comply with the General Data Protection Regulation (GDPR) and Dutch privacy laws. Our processing of personal data is detailed in our Privacy Policy.

4.2 Analytics

We use Google Analytics and Microsoft Clarity to analyze Site usage. These services collect data about your device and browsing patterns as described in our Privacy Policy.

5. Intellectual Property Rights

All intellectual property rights in the Site and its content belong to SPARK or its licensors. These Terms do not grant you any rights to our intellectual property except for the limited access rights specified in Section 2.1.

6. Limitation of Liability

To the extent permitted by Dutch law, SPARK shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site. Our liability for direct damages shall be limited to €500.

7. Term and Termination

We may terminate or suspend your access to the Site immediately without prior notice for any breach of these Terms. Upon termination:

• Your right to access and use the Site will cease
• Your account and associated data may be deleted
• Sections 3.2, 3.3, 5, 6, 8, and 9 will survive termination

8. Dispute Resolution

8.1 Governing Law

These Terms are governed by Dutch law. Any disputes shall be subject to the exclusive jurisdiction of the courts in Amsterdam, Netherlands.

8.2 Dispute Process

Before initiating legal proceedings, parties shall attempt to resolve disputes through good-faith negotiations. If unsuccessful after 30 days, either party may commence legal proceedings.

9. General Provisions

9.1 Modifications

We may modify these Terms at any time. Changes will be effective 30 days after posting on the Site. Your continued use of the Site constitutes acceptance of modified Terms.

9.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in effect.

9.3 Contact Information

Stichting SPARK

Haarlemmer Houttuinen 15H; 1013 GL

Website: https://spark.ngo

Email: spark[at]spark-online.org

10. Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflicts, the English version shall prevail.