Terms of Use

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I. Terms of Use

By accessing this website you are agreeing to be bound by these Terms Of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, you are prohibited from using this website. The materials contained in this website and all other websites that are represented by the (unregistered) CommentSpark AI trademark are protected by applicable copyright and trade mark law.

1. Use License

Permission is granted to temporarily download one copy of the materials (information) or to gain fair access to our onlines services (software) on commentspark.net’s website and all websites that are represented by the (unregistered) CommentSpark AI trademark. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• attempt to decompile or reverse engineer any software contained on commentspark.net’s website and all websites that are represented by the (unregistered) CommentSpark AI trademark;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by CommentSpark AI trademark holder at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Disclaimer

The materials on commentspark.net’s website and all websites that are represented by the (unregistered) CommentSpark AI trademark are provided »as is«. CommentSpark AI trademark holder makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CommentSpark AI trademark holder does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any websites linked to this website.

3. Limitations

In no event shall CommentSpark AI trademark holder or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on any website that is represented by the (unregistered) CommentSpark AI trademark, even if CommentSpark AI trademark holder or a CommentSpark AI trademark holder’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. Revisions and Errata

The materials appearing on commentspark.net’s website and all websites that are represented by the (unregistered) CommentSpark AI trademark could include technical, typographical, or photographic errors. CommentSpark AI trademark holder does not warrant that any of the materials on its websites are accurate, complete, or current. CommentSpark AI trademark holder may make changes to the materials contained on its websites at any time without notice. CommentSpark AI trademark holder does not, however, make any commitment to update the materials.

5. Links

CommentSpark AI trademark holder has not reviewed all of the websites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CommentSpark AI trademark holder of the site. Use of any such linked web site is at the user’s own risk.

6. Site Terms of Use Modifications

CommentSpark AI trademark holder may revise these terms of use for its websites at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

7. Governing Law

Any claim relating to CommentSpark AI trademark holder’s websites shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions.

8. Prices of our Services and Products

All prices are available to our users before they commit to purchase any service or product. All prices are re-stated once user is taken to our payment processor’s website to complete the purchase, or completes their purchase with any other method that is available.

In the case that a specific service or product is available at a discount, the discounted price is clearly marked.

9. VAT / Sales Tax

Applicable VAT (Value Added Tax) or Sales Tax will be calculated and added to the price of our services and products based on your billing address and local tax regulations. The final price including any applicable taxes will be displayed before you complete your purchase.

10. Products and Services with a Free Trial and/or Subscription Option

As part of some CommentSpark AI promotional campaigns, we may offer a Free Trial to our customers (e.g., a 5-day Free Trial). Our customers may begin their Free Trial by registering an account with CommentSpark AI and potentially providing payment information for a subscription that begins after the trial period. Every Free Trial subscription begins with a trial period that costs $0.00. During this trial period, our customers have access to specified features of CommentSpark AI. During the trial period, our customers can typically cancel their subscription according to the terms provided at sign-up to avoid being charged. We provide helpful instructions for managing subscriptions on our FAQ page or within your account settings. By cancelling the subscription before the end of the trial period, our customers will not be charged for the subsequent subscription term.

CommentSpark AI offers various subscription plans (e.g., monthly, yearly). To sign up for full access, customers select a plan and provide payment information. Subscriptions may begin with a free trial period. Once any free trial period is over, we charge customers the appropriate amount based on their chosen subscription. Customers can typically cancel their subscription at any time according to the terms specified. By cancelling, customers will not be charged for future subscription periods. Our customers can also take advantage of our no-questions-asked 30-day money-back guarantee as specified in our refund policy.

11. Products and Services with a Lifetime Access Option

"Lifetime Access" or similar terms refer to access to the CommentSpark AI service for the lifetime of the product, for as long as CommentSpark AI is commercially available and supported. This is typically a one-time payment. New features and updates will be provided to Lifetime Access customers at the sole discretion of Infomax AS. Lifetime Access customers will not be asked for an extra subscription fee to keep access to the features available at the time of their Lifetime Access purchase, for the lifetime of the product. In the event of the termination of the CommentSpark AI service, the rights of Lifetime Access customers will be subject to the terms agreed upon at the time of purchase and applicable law.

12. Cost of Shipping

CommentSpark AI trademark holder only offers digital services and products that require no shipping.

13. Payments and Refunds

All payments are made through our designated payment processors (e.g., Stripe, PayPal). Our users have the right to request a refund according to our Refund Policy. We offer a 30-day money-back guarantee for initial payments on most plans, as specified at the time of purchase.

II. Affiliate Program Agreement

The Affiliate Program Agreement published on this page applies to all websites and services that are represented by the CommentSpark AI (unregistered) trademark, where applicable.

If you have any questions about our Affiliate Program, please do not hesitate to contact us and let us know. We are strong believers in straight-forward and honest communication and are available to answer all your questions.

This agreement (the “Agreement") is made between Infomax AS (the “Company”), and the Affiliate for participation in the CommentSpark AI affiliate program.

Please note that throughout this Agreement, "we," "us," and "our" refer to Infomax AS, and "you," "your," and "yours" refer to the Affiliate.

In consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:

1. Use of Law, Jurisdiction

This Agreement will be governed by and interpreted in accordance with the laws of the State of California, USA. Any disputes shall be subject to the jurisdiction of the courts located in Los Angeles County, California. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

2. Promotional materials

Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website and/or in correspondence with its mailing list (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website and/or in correspondence with its mailing list prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company’s website, as specified by Company.

3. Use of Promotional materials

The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site and/or in correspondence with its mailing list shall conform to the following terms, conditions and specifications:

• Affiliate may use any graphic, textual or other materials to promote Company’s website, products or services, if the following conditions are met:
  • affiliate is an owner of the promotional material or has all legal rights to use it;
  • affiliate material must promote Company’s website;
  • affiliate material should not contain any illegal or immoral content; and
  • affiliate material should not make unrealistic claims about the product (CommentSpark AI).

b) Affiliate may only use Company’s Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.

c) Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification. This rule is not applicable to the sample emails — Affiliate can alter them under conditions, described under a) without prior written consent.

d) Affiliate can, without prior consent and under conditions described under a), prepare its own promotional material.

4. License

Company hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.

5. Intellectual Property

Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 4.

6. Relationship of Parties

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any manner.

7. Referrals

Affiliates will receive commission (the “Commission”) on transactions made by their Qualified Referrals.

“Qualified Referrals” of an Affiliate are customers referred to Company that meet the following criteria:

• referred customers that click on Affiliate’s unique tracking link;
• referred customers that sign up for, or purchase access to CommentSpark AI or another applicable Company product within thirty (30) days of clicking on Affiliate’s unique tracking link.

Affiliates who share the same personal or company details, including but not limited to last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral”. Commission and any earnings associated with this type of “Self-Referral” will be forfeited and will not be paid. Company, in its sole discretion, will determine the classification of any referral as a “Self-Referral”.

8. Commissions

a) In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a Commission in the amount of a percentage of product sold to a Qualified Referral. The current percentage posted is 50%. This percentage is subject to change by the Company at any time. Commission will be based on purchases made by a Qualified Referral for any new and recurring purchases for the life of the customer.

b) Commissions are held for a period of 35 days from any purchase to protect Company in the event of any refund or chargeback that may occur. Earnings will be paid upon Affiliate’s request. Affiliate can request a payment of earnings at any time under the following conditions:

• requested affiliate earnings are finalized (35 days have passed since the payment was made);
• Affiliate has provided required information for the payment (see details under e) and f));
• Affiliate has referred at least 3 different users who have made at least one payment each;
• in the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.

c) All payments are made in USD ($).

d) Payments up to $1,000 will be paid via PayPal. Payments over $1,000 can be paid either via PayPal or Bank Wire Transfer.

e) Payments to registered businesses

Affiliates who operate as a registered business (Corp., Inc., LLC, Ltd. Co., Sole proprietor, or any equivalent type of a registered business in Affiliate’s country) are required to send us an official invoice for affiliate commissions owed. Commissions are paid once we receive an official invoice that contains the following information:

• Company’s full information: our company name, full address of our company;
• Affiliate’s full information: company name or the name of a sole proprietor (individual person), full address of Affiliate, tax ID number or business registration number (whichever is applicable, or both), VAT ID number (if applicable);
• the current date and the exact monetary value of finalized affiliate commissions.

Once we receive the invoice with all required information, we will make the payment within 3 business days.

f) Payments to individual persons

Affiliate payouts to individuals will be made in accordance with applicable U.S. tax laws and regulations. Affiliates may be required to provide a W-9 form (for U.S. persons) or a W-8BEN form (for non-U.S. persons) and other necessary information for tax reporting purposes. It is the Affiliate's responsibility to report all income to the relevant tax authorities.

9. Offering additional products

As a participant in the Affiliate Program you will not offer any additional products, services or other materials other than those specified as Affiliate products in the Terms of Use unless:

• you are, at the time of offer, able to supply the additional material within the time limitations you have guaranteed;
• you agree to withdraw the offer immediately if, at any time, you are unable to supply the additional material offered;
• any additional material supplied outside of the Company’s materials must be supplied lawfully and you must either own the material or have expressly written permission from the rights holder of the material for its redistribution;
• it is understood by all parties that the offer of those additional materials is an agreement between you and the third party and is not in any way guaranteed, commissioned or approved by us and we will not be held liable for any losses or damages resulting from the use of these materials.

10. Limitation of Liability

All content is provided "as is" and without warranties of any kind, either express or implied.

Company does not warrant that the functions contained in any content or any Communications Facility or user or member access to this website will be uninterrupted or error-free, that any defects will be corrected or that this website or the server which stores and transmits content to you are free of viruses or any other harmful components.

Company also does not warrant or make any representation regarding user or member access, or the results of user or member access, to this website (including any linked websites).

Under no circumstances (including but not limited to any act or omission, whether negligent or not on Company’s part) will Company be liable for any direct or indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, Company’s website or any content contained within.

11. Affiliate’s Representations and Warranties

Affiliate represents and warrants the following:

a) Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.

b) Affiliate’s website does not contain any materials that are:

• sexually explicit, obscene, or pornographic;
• offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory;
• graphically violent; or
• solicitous of any unlawful behavior.

c) Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.

d) Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.

e) Affiliate can use pay-per-click advertising (e.g. Google Ads or Facebook Ads) to reach potential customers, however some limitations apply:

• Affiliate will not do any competitive brand bidding which includes bidding on keywords such as “CommentSpark AI”, “CommentSpark”, or “commentspark.net”;
• Affiliate will not use any negative keywords when bidding, for example “warning”, “scam”, or “you need to see this before buying”;
• Affiliate will not use any keywords that might hurt the reputation of CommentSpark AI.

f) Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company’s website.

12. Indemnification

Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 11 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.

13. Remedies for Violations

Company reserves the right to seek all remedies available at law and in equity for violations of this Affiliate Agreement.

14. Modification of Affiliate Terms

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Company’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Company’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

III. CommentSpark AI — Additional Terms of Use

Each CommentSpark AI subscription or license includes access for one (1) user, unless otherwise specified in the plan details.

Access to the CommentSpark AI service may include an API key for use with external (usually 3rd party) applications, subject to the terms of your specific plan and API usage limits.

It is strictly forbidden for multiple persons to share a single user license to access the CommentSpark AI service or API, unless explicitly permitted under a multi-user or agency license. This includes, but is not limited to:

• multiple persons sharing one CommentSpark AI user account;
• multiple persons sharing one CommentSpark AI API key beyond its intended use for a single licensed user's integrated applications;
• reselling the CommentSpark AI service (either through our API, or through our online interface) to multiple persons by acquiring fewer CommentSpark AI licences than there are individual end-users;
• utilizing the CommentSpark AI service (either through our API, or through our online interface) as part of another product or service to achieve a result for multiple persons by acquiring fewer CommentSpark AI licences than there are individual users of that product or service, unless under an appropriate reseller or white-label agreement.

Important: All of the above use-cases (and all other use-cases that violate these »Terms of Use«) are strictly forbidden unless explicitly authorized by Infomax AS in writing.

Optional metered use of CommentSpark AI API

Standard CommentSpark AI licenses may come with daily or monthly API request limits as specified in your plan.

By coming to a separate legal agreement with our company, it may be possible to use the CommentSpark AI API on a pay-per-use basis as a metered service for higher volumes. The rate for metered CommentSpark AI API use is subject to individual legal agreements.

Reselling the CommentSpark AI service

By coming to a separate legal agreement with our company, it may be possible to offer the CommentSpark AI service through our API to multiple users by purchasing a special »Reseller License« or entering into a white-label agreement.

We are available to answer all questions pertaining to the »Reseller License« or white-label opportunities through our Customer Support department. Rates and terms for such arrangements are subject to individual legal agreements.

IV. Our Company

The following registered business is recognized as the CommentSpark AI trademark holder:

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Most Recent Revision: This document has been updated on October 14th, 2024.