Spark Plan Terms of Use

Last Updated: January 29, 2025

Thank you for choosing Spark Plan, a product developed by Spark Software, LLC (the "Company"). These Terms of Use ("Terms") govern your access and use of the Spark Plan service (the "Service") offered through the website https://www.gosparkplan.com (the "Website") and as mobile apps through Google Play and Apple's App Store (the "Apps").

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Service.  

2. Description of Service

The Service is a software product to create training plans for endurance athletes. It is also a software product for athlete trainers and race organizers.

2.1 Training Plans

Spark Plan provides endurance athletes (i.e. marathoners, swimmers, cyclists) with a training plan configured for their needs to help them compete. The training plan can be configured with their own finishing times and will yield specific training activities (i.e. a "5 mile run at 8:50 min/mi" on a Monday). Training plans can be shared with other athletes that may be training for the same race so that they can compete together on race day.

2.2 Coaching Plans

Spark Plan provides athlete coaches and trainers with a way to create training plans for their athletes and track their progress

2.3 Race Visibility and Integration

Spark Plan provides race organizers with a way to create events in Spark Plan so that those events are visible to current and future athletes wishing to compete in them. By providing visibility, athletes can better plan for their upcoming races. When integrated, communication between athletes and races is enabled.

3. User Accounts

You may need to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account information and password. You are also responsible for all activities that occur under your account.  

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In a way that violates any applicable law or regulation.  

• For the purpose of exploiting, harming, or interfering with the Service or any other user's use of the Service.

• To transmit or store any content that is infringing, obscene, libelous, or otherwise unlawful.

5. Intellectual Property

The Service and all content included on the Website, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by copyright and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works of, or commercially exploit any content from the Website without the express written permission of the Company.  

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  

7. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

8. Termination

The Company may terminate your access to the Service at any time, for any reason, or for no reason. The Company may also terminate these Terms at any time by giving you written notice.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.  

10. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Service.  

11. Contact Us

If you have any questions about these Terms, please contact us at hello@gosparkplan.com.