Terms of Service

1. Who we are, what this is

TradeSpark AI, Inc. ("TradeSpark," "we," "us") is a Delaware corporation with its principal place of business at 4384 Renly Ln, Clermont, FL 34711, USA. We operate the TradeSpark platform at tradespark.ai, webapp.tradespark.ai, and any related mobile apps, APIs, and tools (together, the "Service"). These Terms, together with our Privacy Policy, Acceptable Use Policy, and any order-specific terms we send you, form the entire agreement between you and TradeSpark for the Service.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a company, partnership, or other entity, you represent that you are authorized to bind that entity and "you" means both you and that entity.

You are responsible for everything that happens on your account. Keep your credentials confidential, enable multi-factor authentication where offered, and notify us at hello@tradespark.ai if you suspect unauthorized access. We may verify your identity, license, insurance, or background (see Background Check Disclosure) as a condition of continued access.

3. The Service and its role

TradeSpark helps property owners and DIYers scope construction and home improvement projects, generates estimated materials and labor costs using AI-assisted tools, and helps match users with trade professionals ("Pros"). TradeSpark is not a contractor, general contractor, design professional, engineer, architect, appraiser, or broker. We do not perform construction work, we do not supervise Pros on the job site, and we are not a party to any contract you sign with a Pro.

Any agreement between a property owner and a Pro for the actual performance of work is solely between them. You are responsible for verifying that any Pro you hire is properly licensed, insured, and qualified for your jurisdiction and the work at hand.

4. Your content and license to us

You retain ownership of the content you submit to the Service (project descriptions, photos, sketches, plans, messages, reviews, and similar materials, collectively "User Content"). You grant TradeSpark a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, modify (for formatting and accessibility), create derivative works from, distribute, and use your User Content to operate, promote, and improve the Service, including to train and improve our AI models, subject to our Privacy Policy and any opt-outs you exercise. This license survives termination for content that has already been shared with other users or incorporated into model training.

You represent and warrant that you have all rights necessary to grant this license, that your User Content does not violate anyone's intellectual property, privacy, publicity, or other rights, and that your User Content complies with the Acceptable Use Policy.

5. AI-generated outputs

The Service uses artificial intelligence, including large and small language models, to produce scopes, cost estimates, step-by-step DIY walk-throughs, summaries, and similar outputs ("AI Outputs"). AI Outputs are informational only and may contain errors, omissions, or outdated information. See our Disclaimer for details. You are responsible for reviewing AI Outputs before relying on them for any pricing, construction, safety, permitting, or compliance decision.

To the extent you have any rights in AI Outputs, you grant TradeSpark the same license described in Section 4 to use, reproduce, and display those AI Outputs to operate and improve the Service. You will not use AI Outputs to train, fine-tune, or evaluate a competing model without our prior written consent.

6. Fees, subscriptions, and taxes

Some parts of the Service are free. Paid plans include "Plus" at US$5 per month for property owners / DIYers and "Pro / Contractor" at US$50 per month flat for professionals. Current pricing is described on our Pricing page.

• Billing. Subscriptions auto-renew at the end of each billing period until canceled. You authorize us and our payment processor to charge your payment method for each renewal at the then-current rate.
• Price changes. We may change prices or introduce new fees. We will give you at least 30 days' advance notice before the change applies to your subscription. Continued use after the effective date is your acceptance of the new price.
• Taxes. Fees do not include sales, use, VAT, GST, or similar taxes. You are responsible for applicable taxes unless we are required to collect them, in which case we will add them to your invoice.
• Refunds. Subject to our Refund & Cancellation Policy and any non-waivable consumer rights in your jurisdiction, payments are non-refundable except as expressly stated. Canceled subscriptions remain active through the end of the paid period.
• Failed payments. If a charge fails, we may suspend or downgrade the account until it is resolved.

7. Non-circumvention

If you are introduced to a counterparty through the Service (for example, a property owner is introduced to a Pro), you agree not to deliberately bypass the Service to avoid fees, background checks, safety standards, or other platform protections, including by soliciting a counterparty off-platform after they were introduced to you through the Service for a period of twelve (12) months from that introduction. This does not restrict independent business relationships that pre-date the introduction or that develop without using information obtained through the Service.

8. Pros / Contractors

If you use the Service as a Pro, the additional terms in our Pro Contractor Agreement apply to you. In case of conflict between these Terms and the Pro Contractor Agreement, the Pro Contractor Agreement controls with respect to Pro-specific matters (bidding, fees, background checks, insurance, and work performance).

9. Prohibited use and enforcement

Your use of the Service must comply with our Acceptable Use Policy. We may investigate suspected violations, remove content, limit features, suspend or terminate accounts, and take other enforcement actions described in that policy. Our enforcement decisions are discretionary and do not waive any rights or remedies.

10. Third-party services

The Service may integrate with third-party tools and websites (payment processors, mapping, identity verification, background check providers, SSO providers, AI infrastructure vendors, analytics). Those third parties have their own terms and privacy practices. We are not responsible for, and do not control, third-party services. You interact with them at your own risk.

11. Our intellectual property

The Service, including software, models, visual design, logos, trademarks, and content that we create or license, is owned by TradeSpark or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purposes. All rights we do not expressly grant are reserved.

Feedback you send us is not confidential. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use your feedback for any purpose.

12. Termination and suspension

You may cancel your account at any time from the app or by emailing hello@tradespark.ai. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, the Acceptable Use Policy, or applicable law; if continued access poses a safety, security, legal, or reputational risk; or if we discontinue the Service. Sections that by their nature should survive termination will survive, including Sections 4–7 and 9–19.

13. Disclaimers

THE SERVICE AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, TradeSpark disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uptime, quiet enjoyment, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, that AI Outputs will be accurate or complete, that any Pro will perform to your satisfaction, or that the Service will be uninterrupted, secure, or error-free. See our Disclaimer for additional information.

Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the exclusions above apply only to the maximum extent permitted by law.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRADESPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE FEES YOU PAID TO TRADESPARK IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for death or personal injury caused by negligence, fraud, or willful misconduct). Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, the limitations above apply only to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless TradeSpark and its officers, directors, employees, and agents from and against any third-party claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your User Content, (c) your breach of these Terms, the Acceptable Use Policy, or applicable law, or (d) any dispute between you and another user, including any Pro or property owner. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.

16. Disputes, arbitration, class waiver

Please read this section carefully. It affects your rights.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by sending written notice to hello@tradespark.ai describing the dispute and the relief you request. If we cannot resolve the dispute within 60 days of your notice, either party may bring a formal proceeding.

Binding arbitration. Except for disputes that qualify for small-claims court and except as prohibited by applicable law, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (for businesses). The arbitration will be conducted in English in Wilmington, Delaware, or by video conference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and TradeSpark each waive any right to a jury trial and to participate as a plaintiff or class member in any purported class, collective, representative, or private attorney general action. The arbitrator may not consolidate claims of more than one person. If this waiver is found unenforceable, then the entirety of this arbitration section is null and void.

Opt-out. You may opt out of arbitration and the class action waiver by sending a written notice to hello@tradespark.ai within 30 days of first accepting these Terms. Your opt-out must include your name, email, and a statement that you are opting out of arbitration.

Exceptions. Either party may bring a lawsuit solely for injunctive or other equitable relief related to infringement of intellectual property or misuse of confidential information in any court of competent jurisdiction.

Consumers in the EEA, UK, and other regions. Nothing in this Section 16 affects any mandatory consumer rights under the law of your country of residence to bring proceedings before the courts of your country, and those rights will prevail over this Section to the extent inconsistent.

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Subject to the arbitration provisions in Section 16, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute, except where mandatory local law provides otherwise.

18. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will provide notice by email, in-product message, or a conspicuous notice on the Service at least 14 days before the change takes effect, unless the change is required by law or affects a new feature, in which case it may take effect immediately. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service before they take effect.

19. General terms

• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Entire agreement. These Terms, together with the documents referenced in Section 1, are the entire agreement between you and TradeSpark regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Notices. We may send notices to the email address associated with your account or by posting on the Service. Notices to us must be sent to hello@tradespark.ai.
• Force majeure. Neither party is liable for delays or failures to perform caused by events beyond reasonable control, including acts of God, war, civil unrest, pandemic, labor dispute, Internet outage, or governmental action.
• Export and sanctions. You may not use the Service if you are located in, or a national of, any country subject to comprehensive US embargo, or if you are on any US government list of restricted parties.
• Electronic communications. You consent to receive notices and agreements from us electronically. See our E-SIGN Consent.
• US government users. The Service is "commercial computer software" and "commercial computer software documentation." Use, duplication, or disclosure is subject to the restrictions in these Terms.

20. Contact

• Email: hello@tradespark.ai
• Postal mail: TradeSpark AI, Inc., 4384 Renly Ln, Clermont, FL 34711, USA