Last updated: 15 April 2025

You agree to be bound by these terms and to comply with them when you use or access the generative artificial intelligence (AI) tools ("AI Tools") provided by Sparkol ("we", "our", "us") within the VideoScribe application or any other Sparkol software or service, whether made available via the Sparkol websites, including: sparkol.com, videoscribe.co, and sho.co (the “Sparkol Sites”); or any mobile or web application we make available via an app store or otherwise, for example the VideoScribe application which can be accessed or downloaded from videoscribe.co (the “Sparkol Apps”), (collectively the “Products”).

These terms should be read alongside Sparkol’s Terms and Conditions and any additional guidelines or policies we may post related to the use of the AI Tools. If you do not agree to these Terms, do not use the AI Tools.

1. User Rights and Responsibilities

1.1 Intended Use: The AI Tools are designed to assist users in generating content within the Products. You may use the AI Tools for personal or commercial purposes, subject to any restrictions imposed by your subscription tier, as described in the relevant product description.

1.2 Prohibited Uses: You agree not to use the AI Tools to generate content that:

• Violates any laws or regulations;

• Promotes hate speech, violence, or discrimination;

• Infringes the intellectual property rights of others;

• Contains harmful, offensive, or obscene material;

• Is intended to deceive, mislead, or manipulate others.

1.3 Limited Usage Rights: Subject to compliance with these terms, Sparkol grants you the right to use the AI Tools in your projects but usage may be restricted based on your Subscription Tier, as described in the relevant product description. These usage limits may be updated from time to time. The AI Tools may not be available if you are using a Free Trial Version of a Product and you may be required to upgrade to a higher Subscription Tier in order to access the AI Tools. This right expires at the end of your subscription.

1.4 Accountability for Generated Content: You are solely responsible for the content you generate using the AI Tools. You agree to indemnify us against any claims, damages, or losses arising from your use of the AI Tools.

1.5 We reserve the right to monitor usage of the AI Tools to ensure fair access and compliance with these Terms. Excessive or anomalous usage may result in temporary suspension or permanent limitation of access to the AI Tools, at our sole discretion.

2. Intellectual Property (IP)

2.1 Ownership of AI Models: The AI models, algorithms, and data used to generate content through the AI Tools remain the intellectual property of Sparkol or its licensors. You do not acquire any ownership rights in the AI models.

2.2 Licensing of Generated Content: By using the AI Tools, you are granted a non-exclusive, non-transferable license to use the content generated for lawful purposes. If the AI Tools generate content that is subject to additional licensing terms, those terms will apply.

2.3 Third-Party Intellectual Property: If the AI Tools incorporate third-party data or resources, you agree to comply with the applicable intellectual property rights and licensing terms of those third parties.

3. Data Privacy and Security

3.1 User Data: We collect and process user data to provide and improve the AI Tools. Our data collection practices are detailed in our Privacy Policy, which you should read and understand before using the AI Tools.

3.2 Data Retention: We may store user-generated content and related data for a period necessary to fulfill the purpose of the AI Tools, after which such data may be deleted in line with the retention periods set out from time to time in our retention policy.

3.3 Data Sharing: We do not share user data or user-generated content with third parties except where necessary to comply with legal obligations or where specified in our Privacy Policy. 

4. Disclaimers and Limitations of Liability

4.1 Accuracy of Output: The AI Tools are designed to assist with content generation, but we do not guarantee that the output will always be accurate, reliable, or suitable for your intended purpose.

4.2 No Warranty: The AI Tools are provided "as is", and we disclaim all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

4.3 Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the AI Tools, even if we have been advised of the possibility of such damages.

5. Ethical Considerations

5.1 Bias and Fairness: The AI Tools may reflect biases inherent in the data on which they were trained. We make efforts to mitigate these biases, but we do not guarantee that the output will always be free from them.

5.2 Harmful Content: We employ safeguards to minimize the generation of harmful, illegal, or offensive content. You agree to use the AI Tools responsibly and to report any misuse or harmful content to us.

5.3 Monitoring and Reporting: You can report any content you believe violates these Terms by contacting our support team at support@sparkol.com. We will investigate reports and take appropriate action.

6. Changes to These Terms

6.1 Modification of Terms: We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through email or through the platform where the AI Tools are accessed. Your continued use of the AI Tools after such modifications constitutes your acceptance of the updated Terms.

6.2 Termination of Access: We may suspend or terminate your access to the AI Tools at any time, without notice, for violation of these Terms or any other reason.

7. User Consent

7.1 Consent to Use AI: By using the AI Tools, you consent to our processing of your data as described in our Privacy Policy and agree to comply with these Terms.

7.2 Age Restrictions: Children may not access the AI Tools unless their use is directly authorised by their parent, guardian or another authorised adult (such as a teacher) who agrees to be bound by these terms. For the purposes of these terms, a child is a person under the age of 13 or the minimum legal age required to provide consent for processing of personal data in the country where the child is located. 

8. Support 

8.1 Customer Support: If you have any questions or issues with the AI Tools, please contact our support team at support@sparkol.com.

9. Compliance with Laws and Regulations

9.1 Applicable Laws: The laws of England and Wales apply to this agreement..

9.2 Export Restrictions: The AI Tools may be subject to export control laws and regulations. You agree to comply with all applicable export laws, including those related to the U.S. Export Administration Regulations.

10. AI Model Transparency and Explainability

10.1 How the AI Works: The AI Tools operate based on machine learning models trained on large datasets. While the models are designed to assist users, the exact decision-making processes may not always be fully explainable or transparent.

11. Service Availability

While Sparkol will make reasonable efforts to ensure the availability of the AI Tools, you acknowledge that there may be interruptions due to maintenance or unforeseen issues. We will notify you of scheduled maintenance, but emergency maintenance or events outside our control may cause downtime without prior notice. 

12. Termination of Access

If you fail to comply with these terms, Sparkol reserves the right to suspend or terminate your access to the AI Tools at its discretion. 

13. Contact Information

If you have any questions, concerns, or feedback regarding the AI Tools or these Terms, please contact us at legal@sparkol.com or by pre-paid post Sparkol Limited, 2 Redcliffe Way, Bristol, BS1 6NL, UK. We will confirm receipt of this by contacting you in writing, normally by email.

By continuing to use the AI Tools in the Products you confirm that you agree to abide by these terms and conditions.