Last updated: April 25, 2026
1. Acceptance of terms
These terms and conditions of use ("Terms of Use") constitute a legally binding agreement between you, either on your own behalf or on behalf of a legal entity ("you", "User") and PHOTON SPARK S.R.L., a company incorporated and registered in Romania, with its registered office at ALEEA ARUTELA NO. 2, BL. M18, SC. 1, FL. 4, APT. 25, SECTOR 6, BUCHAREST, Romania 061902 ("the Company", "we", "us", "our"), regarding access to and use of the website https://photonspark.com, as well as any other form of media, media channel, mobile website, or mobile application related, connected, or otherwise associated with it (collectively referred to as "the Site").
By accessing and using the Site, you acknowledge that you have read, understood and agreed to comply with all of these Terms of Use. If you do not agree to all of these Terms of Use, you are expressly prohibited from using the Site and must cease using it immediately.
Any additional terms or documents that may be posted on the Site from time to time (including, but not limited to, the Privacy Policy, the Cookie Policy, and service-specific agreements) are expressly incorporated herein by reference and form an integral part of these Terms of Use.
We reserve the right, at our sole discretion, to modify or supplement these Terms of Use at any time. We will notify you of any changes by updating the "Last updated" date, and you waive the right to receive specific notice of each change. You are responsible for periodically reviewing the Terms of Use; your continued use of the Site following the posting of the revised Terms constitutes your acceptance of them.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in that jurisdiction or country. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.
This website is intended for users who are at least 13 years old. All users who are minors in the jurisdiction where they reside (generally under 18 years of age) must have the permission and direct supervision of a parent or legal guardian.
2. Intellectual property rights
Unless otherwise indicated, the Site is the exclusive property of the Company, and all source code, databases, features, software, website designs, audio and video files, text, photographs and graphics on the Site (collectively, "Content"), as well as the trademarks, service marks and logos contained therein ("Trademarks") are owned or controlled by us or licensed to us and are protected by copyright, trademark and unfair-competition laws as well as relevant international conventions.
The Content and Trademarks are provided on the Site "AS IS", solely for your personal, non-commercial information and use, unless otherwise expressly provided herein or in a separate agreement.
Except as expressly permitted by these Terms of Use, no part of the Site, Content or Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or exploited for any commercial purpose without our prior written permission.
Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable license to access and use the Site and to download or print a copy of any part of the Content to which you have obtained legitimate access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Trademarks.
3. User representations
By using the Site, you represent and warrant that:
- all registration information you provide will be true, accurate, current and complete;
- you will maintain the accuracy of this information and update it promptly as necessary;
- you have legal capacity and agree to comply with these Terms of Use;
- you are not under the age of 13;
- you are not a minor in the jurisdiction where you reside or, if you are, you have received permission from your parents/guardian to use the Site;
- you will not access the Site through automated or non-human means (such as bots, scripts, or other similar technologies), except as expressly permitted;
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
If you provide false, inaccurate, outdated or incomplete information, we reserve the right to suspend or terminate your account and to deny any current or future use of the Site (or any part thereof).
4. User registration and accounts
To access certain features or services, you may be required to register on the Site. You agree to keep your password confidential and will be responsible for all uses of your account and password.
We reserve the right to remove, reclaim, or modify a username you select if, in our sole discretion, we deem it inappropriate, obscene, or otherwise unacceptable.
5. Products and services
The Site may present and facilitate the provision of digital goods and/or services (including, without limitation, hosting services, cloud infrastructure, software solutions, OCR and transcription tools). All products and services are subject to availability. We reserve the right to discontinue, modify, or limit the provision of any product or service at any time, for any reason.
Prices for all products and services may be changed at any time, in compliance with applicable law and, where applicable, with prior notice to existing users.
6. Purchases and payments
We accept the following payment methods: PayPal, Mastercard, Visa, Skrill, Stripe, as well as other methods that may be listed on the Site at the time of ordering.
You agree to provide current, complete, and accurate billing and account information for all purchases made through the Site and to promptly update your account and payment information (including your email address, payment method, and card expiration date) so that we can complete transactions and contact you if necessary.
Taxes (including sales tax/VAT, if applicable) will be added to the purchase price in accordance with the law. We may change prices at any time. All payments will be made in euros and/or RON, according to the options presented at the time of purchase.
You agree to pay all costs at the prices in effect at the time of purchase and any shipping costs (if applicable), authorizing us to charge your chosen payment provider for these amounts at the time the order is placed. If the order is subject to recurring fees, you authorize us to charge your payment method on a recurring basis, without prior approval for each fee, until you cancel the recurring order, in accordance with the procedure indicated on the Site.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, as well as the right to refuse any order placed through the Site, including by limiting or canceling the quantities purchased per person, per household, or per order, as we deem necessary.
For EU consumers, the right of withdrawal from distance contracts is exercised within the limits and under the conditions set forth in EU and national law. Given the nature of digital services and/or digital content, you are hereby informed that, once you have consented to the immediate provision of the services and acknowledged that you will lose your right of withdrawal upon performance, this right may cease to apply in accordance with the law.
7. Refund policy
Unless otherwise expressly provided by law or in the specific terms and conditions of certain offers or promotions, all sales are final and no refunds will be issued.
Any exceptional refund situations may be resolved on a case-by-case basis, at the Company's sole discretion, without setting a precedent.
8. Prohibited activities
You are not permitted to access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavor, except as expressly approved by us.
As a user of the Site, you agree, by way of example and without limitation, NOT to:
- systematically scrape data or other content from the Site to create or compile, directly or indirectly, a collection, database, or directory without our written permission;
- deceive or mislead us or other users, particularly in any attempt to obtain sensitive account information (passwords, payment details, etc.);
- circumvent, disable, or interfere with the Site's security features or any features that prevent or restrict the use or copying of any content, or that impose limitations on the use of the Site;
- defame us or otherwise harm us and/or the Site;
- use any information obtained from the Site to harass, abuse, or harm another person;
- use the Site in a manner inconsistent with applicable laws or regulations;
- upload or transmit viruses, Trojans, or other harmful materials, including spam or excessive use of capital letters, that disrupt the operation of the Site;
- engage in any automated use of the system (scripts, bots, scraping), unless expressly authorized;
- remove the copyright notice or other proprietary rights notices from any content;
- attempt to impersonate another user or person or use someone else's username;
- attempt to decrypt, decompile, disassemble, or reverse engineer any software that is part of the Site, except as permitted by law;
- use the Site to advertise or offer for sale unauthorized goods and services, or as part of an effort to compete with us;
- collect usernames and/or email addresses for the purpose of sending unsolicited communications (spam) or create accounts through automated means or under false pretenses.
Any use of the Site in violation of the above may result in the termination or suspension of your rights to use the Site and, as applicable, civil and/or criminal liability.
9. User contributions
Normally, the Site does not allow users to freely publish content (public comments, forums, etc.). However, we may offer you the opportunity to create, transmit, publish or make available content and materials to us or on the Site (e.g., feedback, suggestions, messages, materials uploaded for OCR processing/transcription) ("Contributions").
When you create or submit Contributions, you represent and warrant that:
- the Contributions do not infringe upon the intellectual property rights or other rights of any third party;
- you are the owner or hold all necessary licenses, consents and permissions to use the Contributions and to authorize us to use them under these Terms;
- the Contributions are not false, inaccurate or misleading;
- the Contributions are not obscene, defamatory, offensive, discriminatory, violent or otherwise objectionable;
- the Contributions do not violate any applicable laws, including laws regarding the protection of minors and the prohibition of child pornography;
- the Contributions do not include offensive comments related to race, nationality, gender, sexual orientation or disability;
- the Contributions do not contain links to materials that violate these Terms or applicable law.
You are solely responsible for your Contributions and agree to hold us harmless and refrain from any legal action against us regarding them.
10. License for contributions and feedback
We may access, store, process, and use any personal information and data you provide to us in accordance with our Privacy Policy and your preferences (including your privacy settings).
By submitting suggestions, ideas, or other feedback regarding the Site and/or our services, you agree that we may use and share such feedback for any legal, commercial, or other purpose without providing you with compensation. You waive any moral rights in such feedback to the extent permitted by law.
We do not claim ownership of your Contributions; you retain full ownership of them and any associated intellectual property rights. However, by providing your Contributions, you grant us a limited, non-exclusive, worldwide, royalty-free license to use them to the extent necessary to provide the services and administer the Site.
11. Social media and third-party accounts
As part of the Site's functionality, you may connect your Site account to online accounts of third-party service providers (e.g., social networks) ("Third-Party Account") by providing login credentials or authorizing access in accordance with the terms and conditions of those services.
You represent that you have the right to disclose your login information to us and/or grant us access to the Third-Party Account without violating the terms governing the Third-Party Account and without requiring us to pay any additional fees or subjecting us to any unannounced restrictions.
Your relationship with third-party service providers is governed solely by your agreements with them. We do not review and are not responsible for the content of social media or the availability of third-party accounts.
12. Submissions
Any questions, comments, suggestions, ideas, feedback or other information regarding the Site or our offerings ("Submissions") that you provide to us are considered non-confidential and will become our exclusive property. We will own all intellectual property rights in such Submissions and will be entitled to use and disclose them without restriction, for any lawful purpose, without acknowledgment or compensation to you.
13. Third-party websites and content
The Site may contain links to third-party websites and content belonging to third parties ("Third-Party Websites" and "Third-Party Content"). We do not investigate or monitor these for accuracy, appropriateness or completeness, and we are not responsible for them. The inclusion of, linking to, or permitting the use of any Third-Party Websites or Third-Party Content does not imply our endorsement, support, or assumption of responsibility for them.
14. Site administration
We reserve the right, but are not obligated, to:
- monitor the Site for violations of these Terms of Use;
- take legal action against any person who violates the law or these Terms, including reporting to the competent authorities;
- refuse, restrict, or disable, to the extent feasible, any Contribution or content that, in our sole discretion, violates these Terms;
- remove or disable files and content that are excessively large or otherwise burdensome to our systems;
- manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
15. Data protection and privacy policy
We care about the privacy and security of your data. The processing of personal data is carried out in accordance with our Privacy Policy, available on the Site, and with applicable law, including Regulation (EU) 2016/679 (GDPR), where applicable.
By using the Site, you consent to the processing of your personal data under the terms set forth in the Privacy Policy, including the transfer, where applicable, of data to Romania if you access the Site from other regions with different data protection regulations.
For users in the EU/European Economic Area, we ensure the rights granted by the GDPR (the right of access, rectification, erasure, restriction, portability and objection), which may be exercised in accordance with the instructions in the Privacy Policy.
16. Duration and termination
These Terms of Use remain in effect for as long as you use the Site. We reserve the right, in our sole discretion and without notice, to deny access to the Site to any person, for any reason or no reason, including in the event of a breach of any representation, warranty, or obligation in these Terms or a violation of the law.
We may terminate your use of or participation in the Site, delete your account, and remove any content or information you have posted, at any time, without prior notice, at our sole discretion.
17. Changes and interruptions to the Site
We reserve the right to change, modify or remove the content of the Site, as well as to modify, suspend or discontinue the offers in the Marketplace or the services presented, at any time and for any reason, without prior notice. We are under no obligation to update the information on the Site.
We cannot guarantee that the Site will be available at all times. We may encounter technical issues or perform maintenance work, which may result in interruptions, delays or errors. We will not be liable for any loss or inconvenience caused by the inability to access or use the Site during such periods.
18. Applicable law and jurisdictions
These Terms and Conditions are governed by and construed in accordance with the laws of Romania. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If your habitual residence is in a member state of the European Union and you are a consumer, you additionally benefit from the protection afforded by the mandatory provisions of the law of your country of residence. In this case, the mandatory rules of consumer law in your country will prevail to the extent that they are more favorable than Romanian law.
PHOTON SPARK S.R.L. and you agree to submit to the non-exclusive jurisdiction of the courts of Romania (specifically those in the location of our headquarters), which means that you may bring a claim to enforce consumer protection rights in Romania or in the EU country where you reside.
19. Dispute resolution
19.1. Informal negotiations.The parties agree to use reasonable efforts to resolve any Dispute amicably through direct negotiations for a period of at least thirty (30) days from the date of delivery of a written notice by one party to the other. Failure to follow this preliminary procedure does not affect the right of the interested party to bring the matter before the competent courts, but may be taken into account by the court in assessing the parties' good faith.
19.2. Jurisdiction of the courts.If the Dispute is not resolved amicably, jurisdiction lies with: (a) for B2B disputes — exclusively the competent courts at the registered office of PHOTON SPARK S.R.L.; (b) for B2C disputes — the courts determined in accordance with the mandatory provisions applicable to consumer protection (including the courts at the consumer's place of residence within the EU).
19.3. Rules on dispute resolution. The parties agree that any dispute shall be resolved between them on an individual basis. The parties exclude, to the extent possible under applicable law, the filing of class actions, group actions or representative actions.
19.4. Exceptions. The preliminary-procedure provisions do not affect the right of any party to bring a claim directly before the competent court for: (a) intellectual property; (b) unauthorized use, privacy, etc.; (c) provisional measures / injunctions / preliminary injunctions.
Consumer rights (EU / Romania). Romanian consumers may also seek alternative dispute resolution through the National Authority for Consumer Protection (ANPC) via the SAL programme — see anpc.ro/ce-este-sal/ — or use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr/.
20. Corrections and errors
The Site may contain information that includes typographical errors, inaccuracies, or omissions, including with respect to product descriptions, prices, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without prior notice.
21. Disclaimer
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee the accuracy or completeness of the content of the Site or the content of any sites linked to it, and we assume no liability for: errors or inaccuracies in the content; bodily injury or property damage resulting from the use of the Site; unauthorized access to our secure servers or to personal/financial information stored therein; interruptions in transmissions to or from the Site; viruses or other harmful elements transmitted by third parties; errors or omissions in any content; or any loss or damage resulting from the use of any content made available through the Site.
22. Limitations of liability
IN NO EVENT SHALL WE OR OUR OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR OPPORTUNITIES) RESULTING FROM THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent that the above limitations are restricted by applicable law (for example, with respect to consumers in certain EU or non-EU jurisdictions), our liability will be limited to the greater of: the amount you actually paid to us for the relevant services during a specified period, or the minimum limit permitted by law.
23. Indemnification
You agree to defend, indemnify, and hold us harmless — including our subsidiaries, affiliates, directors, agents, partners and employees — against any loss, damages, liabilities, claims or demands (including reasonable attorneys' fees) made by any third party arising out of or in connection with: (a) your use of the Site; (b) a breach of these Terms of Use; (c) a breach of any representation or warranty in these Terms; (d) violation of a third party's rights (including intellectual property rights); (e) any manifestly harmful act directed against another user of the Site with whom you have connected through the Site.
24. User data
We will retain certain data that you submit to the Site for the purpose of managing its performance and services, as well as data regarding your use of the Site. Although we perform routine backups, you are solely responsible for all data that you submit or that relates to activities conducted through your use of the Site.
You agree that we shall have no liability for any loss or corruption of such data and you waive the right to sue us for any such loss or damage, to the extent permitted by law.
25. Electronic communications, transactions and signatures
Visiting the Site, sending emails to us, and completing online forms constitute electronic communications. You agree to receive electronic communications from us and that all agreements, notices, disclosures, and other communications provided in electronic form will satisfy legal requirements regarding written form.
You agree to the use of electronic signatures, electronic contracts, electronic orders, and electronic records, as well as the electronic transmission of notices, policies, and records of transactions initiated or completed through the Site.
26. Miscellaneous provisions
These Terms of Use and any policies or operating rules published on the Site constitute the entire agreement between you and us regarding the use of the Site and supersede any prior understandings, whether written or oral, regarding the same subject matter.
Our failure to exercise or delay in exercising any right or provision shall not constitute a waiver of that right or provision. We may assign any or all of our rights and obligations to third parties at any time without prior notice. We shall not be liable for any loss or delay caused by any reason beyond our reasonable control (force majeure, unforeseeable events, etc.). If any provision is deemed unlawful, void or unenforceable, that provision shall be deemed severable, without affecting the validity of the remaining provisions.
27. Contact
For any questions, concerns or to file a complaint regarding the Site, you may contact us at:
PHOTON SPARK S.R.L.
CUI 45474926 · Reg. Com. J40/571/2022 · EUID ROONRC.J40/571/2022
ALEEA ARUTELA NO. 2, BL. M18, SC. 1, FL. 4, APT. 25, SECTOR 6, BUCHAREST
Romania 061902
Email: contact@photonspark.com
Discord: discord.photonspark.com