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THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Effective Date: November 3, 2026
Last Updated: November 3, 2026
X6 SS Acquisition Corporation (d/b/a Sendspark, Inc.) (hereinafter “Sendspark,” “we” or “us”) provides this website (https://www.sendspark.com/) (the “Site”), our Model(s) (defined below), our cloud-based platform (“Software”), and the associated data, services, information, tools, functionality, updates and similar materials delivered or provided by us (collectively, together with the Software, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.
This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Effective Date” above to see when this Agreement was last updated.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
The Service, among other functionality, is designed to allow individuals or companies (“Customers”) to create videos and other media, including, but not limited to, for user support, marketing, and tutorials, and other features within the Software designed to improve consumer engagement with the Customer. Our Service uses artificial intelligence (“Model(s)”) to allow users to generate potentially infinite personalized versions of their video(s)/media with the use of an additional phrase selected by us (“Specimen”). Our Model(s) will use a recording of your reading of the Specimen to create a model of your voice (a “Voiceprint”, as described under “AI features and Voiceprints” below) and, in the case of videos, will scan your face geometry while each video is generated, to allow for the large-scale personalization of your videos/media.
To access and use our Service, its content, or its functionality, the Customer shall create an account with us (“Account”), and the Customer may, in its discretion, create an Account for the entire corporate entity, an Account for different business units/teams, and/or an Account for each of its authorized users, as applicable. Subscription Accounts and trial accounts may be available. Each Subscription (as defined below) Account must be paired with one or more payment methods (“Payment Method”), including without limitation your bank account, credit card number, credit card verification or other security code, the expiration date of your credit card, and your address. All information about your Payment Method(s) must be accurate and complete. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method. For the purposes of clarity, when using “you” or “your” in this Agreement, we are referring to you if you are acting only for yourself, or the corporate entity that you represent.
Each Account will have one or more administrator users (each an “Administrator”) who may have certain administrative rights, privileges, oversight, and functionality within the Services including, in some instances, over the other users who are linked to the Customer’s Account. Customer shall be responsible for managing, distributing, and safeguarding the credentials to its Administrator(s) and every other authorized user so that they may access Customer’s Account.
Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.
By requesting to use, registering to use and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions herein.
You further represent and warrant that the reading of the Specimen that you provide, and the Voiceprint that we make, is your own and that you consent to our collection, use, and storage of each as described in this Agreement and in our Privacy Policy (https://www.sendspark.com/privacy).
We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on or through the Service including but not limited to data, summaries, descriptions, publications and any other such materials, are for information purposes only, and are not intended to and DO NOT constitute financial, medical, legal, investment, or business advice. Those accessing the materials appearing on the Service should not act upon them without first seeking financial, legal or other counsel, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.
At registration, your Account may be eligible for limited or trial access (“Trial Account”). Trial Accounts are free, last for only seven (7) days from registration (“Trial Period”), and may offer different levels of functionality compared to a Subscription-based Account. To participate in a Trial Account, you must provide a Payment Method at the time you register for the Account. If you do not terminate your Trial Account before the end of the Trial Period, you agree and acknowledge that your Trial Account will be automatically converted to a Subscription-based Account at the end of the Trial Period and your Account will be subject to Subscription terms and billing (using the Payment Method that you provided when registering for the Trial Account) as described below. However, if you terminate your Trial Account at any point during the Trial Period, access to your Trial Account will automatically terminate at the end of the Trial Period, any files, information, or data that you added to your Account will be deleted, and your Payment Method shall not be billed. You can terminate your Trial Account by emailing us at support@sendspark.com from the email address associated with your Account with “Terminate Trial” in the subject line. We will notify you two (2) days before the Trial Period ends about the pending conversion and your ability to terminate your Trial Account.
The Service may require the payment of fees for ongoing, self-renewing subscription access to the Service (a “Subscription”). If you have a Subscription Account, your Payment Method may be charged in the amounts and at the times identified in the Subscription you select (“Subscription Fees”). When you sign-up for a Subscription, you will be granted access to the Service for the length of time identified when you sign-up. We reserve the right to change the applicable Subscription Fees or charges and to institute new Subscription Fees and charges at the end of the current Subscription term, which may be sent by email or by posting the revised or new fees to the Service.
Fees and other charges do not include federal, local, foreign, or similar transaction taxes (“Taxes”) now or hereafter levied, all of which shall be your responsibility. If we are required to pay Taxes on your behalf, you shall be invoiced for such Taxes and shall reimburse us for such amounts as described herein.
If you do not pay at the time you order, we will invoice you for the applicable fees at our election (i) on a monthly basis in advance, with all invoices due no less than five (5) days before the start of the month to which the invoice applies, or (ii) when such Fees are due, with such invoice being due within five (5) days of issuance by us.
In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Service and/or terminate this Agreement if your Payment Method is declined or fails and Customer’s account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
UNLESS YOU CANCEL BEFORE RENEWAL AND EXCEPT WHERE PROHIBITED BY LAW, SUBSCRIPTIONS AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM OF THE SAME LENGTH UPON EXPIRATION. FEES OR CHARGES DURING ANY SUCH RENEWAL TERM SHALL BE THE SAME AS THAT DURING THE PRIOR TERM UNLESS WE HAVE GIVEN YOU NOTICE OF AN INCREASE AS DESCRIBED HEREIN, IN WHICH CASE THE INCREASE SHALL BE EFFECTIVE UPON RENEWAL AND THEREAFTER.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, BUT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY PAST PAYMENTS OR FUTURE PAYMENTS DUE DURING THE REMAINDER OF YOUR CANCELLED TERM. IF YOU CANCEL BEFORE THE END OF YOUR SUBSCRIPTION, YOU WILL BE CHARGED THE ENTIRE REMAINING SUBSCRIPTION FEES AT THAT TIME.
TO CANCEL YOUR SUBSCRIPTION, PLEASE LOGIN TO THE SERVICES AND FOLLOW THE INSTRUCTIONS THEREIN OR EMAIL support@sendspark.com FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT WITH THE SUBJECT “CANCEL MY SUBSCRIPTION.”
To collect and/or process Fees, we use third parties to process payments (each a “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for error by the applicable Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor. As a user purchasing a Subscription, you agree to pay us, through the applicable Payment Processor, all charges at the prices then in effect for such Subscription. You agree to make payment using that selected Payment Method, and you authorize us, through the applicable Payment Processor, to charge your Payment Method at the times and in the amounts associated with such Subscription. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.
Fee rates will be provided for your review prior to you being charged such Fees.
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You represent and warrant:
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:
You must keep your username and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your Account or profile by others.
You further agree that you will not do any of the following:
We reserve the right, in our sole discretion, to protect users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Service, immediately suspending and/or terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to suspend and/or terminate your access to the Service shall not be limited to violations of these rules of conduct.
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. We do not claim ownership of the name, image, voice, appearance, persona, or likeness of any individual appearing in your Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce and otherwise use content you make available to us.
Therefore, if you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant to us a limited, revocable, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, modify (solely for technical purposes such as encoding, transcoding, formatting, captioning, and thumbnail generation), display, transmit and distribute such Content solely as necessary to provide, secure and support the Service for you and for the recipients you designate. This license is granted for that purpose only. It does not include, and you do not grant, any right to commercially use or exploit the rights of publicity, persona, trademark, image, voice or name of the individuals or entities depicted in the Content, and nothing in this Agreement transfers ownership of any of those rights to us.
AI features and Voiceprints. Certain optional features of the Service create an artificial intelligence model of an individual’s voice (a “Voiceprint”) and, while each personalized video is being generated, scan that individual’s face geometry so that their appearance matches the personalized speech. The face geometry scan is used only while that video is being generated and is then discarded. We do not create or keep any model or template of an individual’s appearance. We will create a Voiceprint, and scan face geometry, only where the individual concerned has affirmatively enabled the relevant feature and agreed to our Biometric Information Notice and Consent. Each Voiceprint is created from that individual’s own Content and is used only to generate output requested by that individual within the account where they enabled the feature. It is not made available to any other user, including other users of the same account, or to any other customer. We will not use a Voiceprint, a face geometry scan, or the Content from which either is derived to train, develop or improve any general, shared or foundation model, and we will not use them to generate output for, or otherwise to benefit, any other customer. A Voiceprint is stored on our behalf by the AI service provider identified for that purpose in our Subprocessor List, under contract and subject to this Agreement and our Data Processing Addendum. An individual may withdraw that consent at any time. On withdrawal, and on deletion of the account or removal of that individual from the account, we will stop generating output from the corresponding Voiceprint and delete it without undue delay. In every other case a Voiceprint is deleted no later than three (3) months from the date it was created, as set out in our Privacy Policy and in the Retention Schedule.
Sub-licensing. We may sub-license the rights granted in this section only to the service providers we use to operate the Service, being the hosting, storage, content delivery, transcoding, analytics and AI service providers identified in our Subprocessor List at https://www.sendspark.com/subprocessors, and only to the extent necessary for those providers to perform those services for us. Those providers are bound by written obligations no less protective than those set out in this Agreement, our Security commitments and our Data Processing Addendum, and they may not use the Content for their own purposes, including to train their own models. We will not otherwise sub-license, assign, sell or transfer the rights granted in this section.
Term of this license. The license granted in this section begins when you submit the Content and ends when you delete the Content or your account, or when this Agreement terminates, whichever occurs first. Following termination we will delete the Content in accordance with the Retention Schedule published as an annex to our Data Processing Addendum. As at the effective date of this Agreement, that schedule provides that recordings and generated videos are deleted on request, or no later than thirty (30) days after the account is deactivated; that a Voiceprint is deleted no later than three (3) months from the date it was created; and that face geometry is not retained at all, being discarded once the video for which it was scanned has been generated. Residual copies may remain in routine backups until those backups are overwritten in the ordinary course, and we may retain Content where required by law or as reasonably necessary to resolve a pending dispute. Content retained in backups or under a legal hold remains subject to the confidentiality and security commitments in this Agreement and will not be used for any other purpose.
By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true; (c) we shall be entitled to use or disclose the Content or Submissions in accordance with this Agreement, our Privacy Policy, available here https://www.sendspark.com/privacy, and our Data Processing Addendum; (d) we are not under any confidentiality obligation relating to Submissions, although your Content remains subject to the confidentiality and security commitments in this Agreement and our Data Processing Addendum; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and/or discard any such material at any time.
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, the Model(s), and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein. As between you and us, you retain all rights you hold in your Content and in the output generated from your Content at your direction, including any personalized video generated from your recording and your Voiceprint. Our ownership of the Model(s) is ownership of the software and model weights we build and license, and does not extend to the voice, appearance, name, persona or likeness of any individual.
You understand and agree that our Privacy Policy, https://www.sendspark.com/privacy, shall govern the collection and use of data obtained by us through your use of the Service. Customers acknowledge and agree that we may direct users to our Privacy Policy so that they may become familiar with our practices. You represent and warrant that your privacy policy, if any, shall not conflict with the Sendspark Privacy Policy, and that in the event of such conflict, the terms of our Privacy Policy shall control. Customer further acknowledges and agrees that it is responsible for ensuring that any opt-in, opt-out, and any other rights request by an individual pursuant to an applicable data privacy law is properly communicated to, coordinated with, and carried out in a timely manner by all relevant parties. Upon becoming aware of such a request, Sendspark shall take all steps it is required to take by applicable law and such additional steps as it deems reasonable, in its discretion.
We take the security of the Service and of the data you entrust to us seriously. We maintain an information security program designed to protect the confidentiality, integrity, and availability of customer data, and we undergo an independent SOC 2 Type II examination of that program. The following commitments apply to your use of the Service:
This Security section describes the commitments we make regarding our information security program. It does not modify or limit the disclaimers, warranties, or limitations of liability set out elsewhere in this Agreement, except that, to the extent any general disclaimer would otherwise be read to negate the specific commitments in this section, the specific commitments in this section control.
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time, and to terminate any user at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.
The license you grant to us under “Content Submitted or Made Available to Us” does not survive termination of this Agreement and instead terminates as described in that section. Your representations, defense and indemnification obligations survive any termination of this Agreement.
In the event that we terminate a user without cause, we may waive future charges or issue to such user a pro rata refund of any pre-paid amounts.
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties. We do not endorse any third party (including other users) content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
You agree that we may identify you as a customer of the Service, using your company name and logo, on the Site, in a list of our customers and in other marketing materials, which may be made public. For that purpose you grant us a non-exclusive, worldwide, royalty-free, non-transferable license to use your company name and logo. You may withdraw this permission at any time by written notice to us, and we will stop using your company name and logo in materials we control within thirty (30) days of receiving your notice. We are not required to recall or alter materials already distributed. We will use the name, image, voice or likeness of an individual in our marketing only with that individual’s separate written consent.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF SUCH CONTENT, AND MAKE NO REPRESENTATIONS ABOUT SUCH CONTENT. THE RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS THAT YOU MAKE BASED UPON SUCH CONTENT.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE (INCLUDING, BUT NOT LIMITED TO, OUR MODELS AND THEIR OUTPUT) IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, OUR MODELS AND THEIR OUTPUT), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of $500.00, or (2) any indirect, incidental, punitive, exemplary, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to, or transmit through the Service, (b) your use of the Service, (c) your violation of this Agreement, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service, (e) providing another person’s Specimen, and (f) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions.
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Any arbitration between you and Sendspark shall have three (3) arbitrators.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: X6 SS Acquisition Corporation (d/b/a Sendspark, Inc.), 2033 Gateway Place, Suite 500, San Jose, CA 95110, USA.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Wilmington, Delaware. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.
You and Sendspark agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Sendspark agree that each have waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Wilmington, Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy, available at https://www.sendspark.com/privacy.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: X6 SS Acquisition Corporation (d/b/a Sendspark, Inc.), 2033 Gateway Place, Suite 500, San Jose, CA 95110, USA, or sent via email to legal@sendspark.com.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Force Majeure. In no event shall we or our affiliates be liable to you for any damage, delay, or failure to perform resulting directly or indirectly from a force majeure event.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Copyright Agent
X6 SS Acquisition Corporation (d/b/a Sendspark, Inc.)
2033 Gateway Place, Suite 500
San Jose, CA 95110 USA
e-mail: legal@sendspark.com
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to legal@sendspark.com containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
All notices given by you or required under this Agreement shall be in writing and addressed to: X6 SS Acquisition Corporation (d/b/a Sendspark, Inc.), 2033 Gateway Place, Suite 500, San Jose, CA 95110, USA, or sent via email to legal@sendspark.com.
| Effective date | Version | Summary of changes |
|---|---|---|
| November 3, 2026 | v3.1 | Clarified the AI features section: a Voiceprint is a model of the individual’s voice, used only for that individual and not by other users of the same account; face geometry is scanned only while a video is generated and no model of appearance is kept; a Voiceprint is deleted on withdrawal of consent, account deletion or removal from the account. Limited the confidentiality waiver to Submissions, so your Content stays covered by our confidentiality and security commitments. |
| November 3, 2026 | v3.0 | Narrowed the license you grant us over your Content: removed the perpetual, irrevocable and transferable license, any commercial publicity rights, and the right to use Content to train our AI models; limited sub-licensing to the providers in our Subprocessor List; AI voice and likeness features are opt-in per person, used only for the enabling account, and never used to train shared models; the license ends on deletion or termination. Confirmed that you keep your rights in output generated from your Content. Narrowed the Publicity clause to company name and logo, revocable on notice. Incorporated the Biometric Information Notice and Consent, Subprocessor List and Data Processing Addendum. Updated our legal entity name and registered address. |
| June 30, 2026 | v2.0 | Added a Security section describing our information security program, encryption, access controls, and breach-notification commitment. Added a reference to our Data Processing Addendum. Read version 2.0 |
| May 19, 2024 | v1.0 | Initial published version of the Terms of Service. |
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