Terms of Service

Effective Date: July 10, 2026 Last Updated: July 10, 2026

1. Welcome to DivuSpark

Welcome to DivuSpark ("DivuSpark", "we", "our", or "us"). DivuSpark is a gamified professional networking platform operated by DivuSpark LLC, a Wyoming limited liability company with its registered address at 30 N Gould St #65176, Sheridan, WY 82801, USA.

These Terms of Service ("Terms") govern your access to and use of DivuSpark's websites, applications, and services (collectively, the "Services"). By creating an account or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Services.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old to create an account. By registering, you represent that you are of legal age to form a binding contract in your jurisdiction.

2.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

2.3 One Account Per Person

You may maintain only one personal account. Operating multiple accounts, using false identities, or impersonating others is prohibited and may result in immediate account termination.

2.4 Company Accounts

If you register on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms. Company accounts require verified business information and are subject to additional terms.

2.5 Account Security

You are responsible for safeguarding your account credentials. Notify us immediately at link@divuspark.com if you suspect unauthorized access. We are not liable for losses arising from your failure to secure your account.

3. Platform Concepts and Features

3.1 Core Concepts

• Spark: A private idea or draft visible only to you, stored in your Private Brain
• Flame: A public project converted from a Spark, visible to the community
• Spark Engine: Our proprietary reputation scoring system that tracks your professional activities across five categories
• TSS (Total Spark Score): Your cumulative score across all categories
• Boost: A time-limited visibility enhancement token (future feature, subject to availability)

3.2 Future Features

Some features described in our marketing or help materials may be under development or subject to rollout (including but not limited to Boost tokens, Spark Ads, advanced analytics, AI assistant, and team formation tools). We make no guarantee regarding availability, timing, or specifics of such features. We may launch, modify, or discontinue features at our sole discretion.

3.3 Spark Engine Transparency

The Spark Engine assigns points to micro-behaviors (content creation, team evaluations, community contributions, etc.) based on published action rules. Score calculations follow the rules documented in our Help Center. We may adjust action rules, multipliers, or decay mechanisms with reasonable notice to users.

4. User Content

4.1 Your Content

"User Content" means any content you submit, post, or display on the Services, including Sparks, Flames, messages, comments, profile information, media, and project materials.

4.2 Ownership

You retain all ownership rights to your User Content. You are solely responsible for your User Content.

4.3 License to DivuSpark

By submitting User Content, you grant DivuSpark a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, display, and modify your User Content solely for the purpose of operating, promoting, and improving the Services.

This license:

• Terminates when you delete your User Content, except to the extent copies have been shared by others or are needed for our backup, legal, or safety purposes
• Does not grant us the right to sell your User Content to third parties
• Does not extend to using your User Content in external advertising outside the Services without your explicit consent

4.4 Content Standards

You agree not to post User Content that:

• Violates any law or third-party rights
• Is defamatory, obscene, harassing, threatening, or hateful
• Contains malware, spam, or unauthorized commercial communications
• Impersonates another person or misrepresents your affiliation
• Infringes intellectual property rights
• Exploits or harms minors in any way
• Is misleading or promotes fraudulent schemes

4.5 Moderation

We reserve the right (but have no obligation) to review, moderate, or remove User Content that violates these Terms or that we deem inappropriate. We may suspend or terminate accounts for violations.

4.6 DMCA Compliance

If you believe your copyrighted work has been used on our Services without authorization, please submit a notice to legal@divuspark.com with: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a good faith statement that use is unauthorized; (e) a statement of accuracy under penalty of perjury; (f) your physical or electronic signature.

5. Community Projects (Flames)

5.1 Team Collaboration

When you create or join a Flame (project), you may collaborate with other users. Each participant owns their individual contributions unless otherwise agreed in writing.

5.2 Intellectual Property of Collaborative Works

Participants in a Flame should reach clear agreements regarding:

• Ownership of jointly created intellectual property
• Revenue or credit allocation
• Rights upon leaving the project

DivuSpark provides tools to facilitate collaboration but is not a party to any agreements between users and assumes no liability for disputes.

5.3 Leaving a Project

When you leave a Flame, your prior contributions remain, but you lose editing and management rights. Other participants may continue the project.

6. Paid Services and Subscriptions

6.1 Free and Paid Tiers

The Services include free access with core features and optional paid subscriptions (currently the Giriş (free), Spark, and DivuS plans).

6.2 Payment

Paid Services are processed by our payment provider, Stripe, Inc. By purchasing a subscription, you authorize us and Stripe to charge your payment method on a recurring basis according to the plan you selected.

6.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel anytime from your account settings.

6.4 Right of Cancellation (14-Day Cooling-Off)

Users in the European Union and Turkey have a statutory right to cancel paid subscriptions within 14 days of purchase for a full refund, subject to the following:

• If you begin using paid features immediately after purchase and explicitly acknowledge loss of cooling-off rights, such rights may not apply
• For subscription periods already elapsed, we may prorate the refund
• Consumable items (e.g., Boost tokens) already used are non-refundable for the used portion
• After the 14-day window, cancellations take effect at the end of the current billing period

To exercise cancellation, email link@divuspark.com or use the cancellation flow in your account settings.

6.5 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes apply to renewal periods following the notice.

6.6 Taxes

Prices displayed may be exclusive of applicable taxes (VAT, sales tax). You are responsible for taxes based on your jurisdiction.

7. Prohibited Conduct

You agree not to:

1. Violate any applicable law, regulation, or third-party rights
2. Attempt to gain unauthorized access to the Services or other users' accounts
3. Interfere with or disrupt the Services, servers, or networks
4. Use automated systems (bots, scrapers, crawlers) without our prior written consent
5. Create multiple accounts to inflate your Spark Engine scores or manipulate rankings
6. Engage in coordinated inauthentic behavior, including fake team evaluations, reciprocal rating rings, or fake reactions
7. Misuse the invitation system to farm Community Points
8. Sell, transfer, or rent your account to others
9. Use the Services to send unsolicited commercial messages or spam
10. Reverse engineer, decompile, or attempt to extract source code from the Services (except as permitted by applicable law)
11. Circumvent rate limits, security measures, or moderation tools
12. Use the Services for any illegal purpose or in support of illegal activities

Violation of these provisions may result in warnings, shadow-banning, score reversals, account suspension, account termination, or legal action.

8. Spark Engine, Scoring, and Rankings

8.1 Scoring Mechanics

The Spark Engine calculates scores based on user actions according to rules published in our Help Center. Scores are intended to reflect professional engagement and are not guarantees of employment, earnings, or professional outcomes.

8.2 No Reliance for Critical Decisions

Spark Engine scores, rankings, and badges are social signals intended for community engagement only. They are not, and should not be used as, the basis for employment decisions, credit determinations, healthcare choices, or other consequential decisions affecting individuals.

8.3 Right to Object

You may opt out of public leaderboard visibility and certain profiling features at any time via account settings. See our Privacy Policy for details on your data protection rights.

8.4 Score Adjustments

We may adjust scores, reverse awards, or remove badges in cases of:

• Detected abuse, fraud, or coordinated inauthentic behavior
• Technical errors or bugs
• Policy changes affecting scoring rules
• Account suspension or termination

9. Intellectual Property of DivuSpark

9.1 Our IP

The Services, including software, design, branding, trademarks (including "DivuSpark" and associated logos, trademark applications pending in Turkey, United States, and European Union), and proprietary features (Spark Engine, scoring algorithms) are owned by DivuSpark LLC and protected by intellectual property laws.

9.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use (or business use consistent with your subscription tier).

9.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services
• Use our trademarks without prior written consent
• Remove copyright or other proprietary notices

10. Third-Party Services

The Services may integrate with third-party services (OAuth providers such as Google and LinkedIn, payment processor Stripe, infrastructure providers including Google Cloud Platform, analytics, and error tracking). Your use of third-party services is governed by their respective terms. We are not responsible for third-party services.

11. Privacy

Our collection and use of personal information is described in our Privacy Policy and, for users in Turkey, the KVKK Aydınlatma Metni. By using the Services, you consent to such collection and use.

12. Termination

12.1 By You

You may delete your account at any time from account settings. Deletion is processed according to our data retention policies (see Privacy Policy).

12.2 By Us

We may suspend or terminate your access immediately, with or without notice, for:

• Material breach of these Terms
• Fraudulent or illegal activity
• Extended inactivity (after notice)
• Court order or legal requirement

12.3 Effect of Termination

Upon termination:

• Your access to the Services ends
• Your User Content may be deleted (see Privacy Policy for retention)
• Outstanding payment obligations remain
• Sections 4.3 (license survival for backup purposes), 9 (IP), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Dispute Resolution), and 16 (General) survive termination

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
• USER CONTENT OR SPARK ENGINE SCORES WILL BE ACCURATE OR RELIABLE
• ANY PARTICULAR OUTCOME (EMPLOYMENT, NETWORKING RESULTS, OR OTHERWISE) WILL RESULT FROM USE OF THE SERVICES
• DEFECTS WILL BE CORRECTED

Some jurisdictions do not allow exclusion of implied warranties; to the extent such exclusions are unenforceable, the disclaimers apply to the maximum extent permitted by law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DivuSpark LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS YOU PAID TO US IN THAT PERIOD, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@divuspark.com and allow 30 days to attempt resolution informally.

15.2 Arbitration (United States Users)

For users residing in the United States: any dispute, claim, or controversy arising out of these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, in Sheridan, Wyoming. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive participation in any class action or representative proceeding.

15.3 Jurisdiction (Other Users)

For users residing outside the United States who are not subject to mandatory consumer protection laws requiring local jurisdiction: disputes shall be submitted to the exclusive jurisdiction of the courts of Sheridan County, Wyoming.

15.4 Consumer Rights

Nothing in this Section limits mandatory consumer protection rights that apply to you under the laws of your country of residence, including but not limited to:

• EU consumers: rights under Regulation (EU) 2016/679 and consumer protection directives
• Turkish consumers: rights under Law No. 6502 on Consumer Protection
• Such users may bring disputes in their country of residence where required by law

15.5 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, excluding conflict of law principles. Mandatory consumer laws of your jurisdiction apply where they grant greater protection.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and DivuSpark LLC.

16.2 Changes to Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or in-app notification. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.4 Waiver

No waiver is implied by our failure to enforce any provision.

16.5 Assignment

You may not assign these Terms. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.

16.6 Language

These Terms are offered in English (primary) and Turkish (translation). In case of conflict, the English version prevails.

16.7 Contact

• General: link@divuspark.com
• Legal: legal@divuspark.com
• Privacy: privacy@divuspark.com

DivuSpark LLC 30 N Gould St #65176, Sheridan, WY 82801, USA