Terms and Conditions

Last updated: April 16, 2026

These terms and conditions ("Terms") govern your use of the website and products and services offered or made available by SparkCore ("Services"). By placing an order, creating an account, or using the Services, you agree to these Terms unless the parties agree otherwise in writing. Please read them carefully. If you have concerns about the legal impact on your organization, seek advice from a professional. Our privacy policy and cookie policy also apply.

1. Definitions

In these Terms and Conditions, the following terms are understood to mean:

SparkCore: the provider of the Services, operating under the name SparkCore.
Customer: the natural person or legal entity that enters into an agreement with SparkCore or uses the Services.
User: anyone who accesses the Services on behalf of the Customer or otherwise (for example, employees).
Agreement: the legal relationship between SparkCore and Customer, including these Terms, quotes, orders and product-specific terms.
Content: data, files, images and other material that the Customer processes or uploads via the Services.

2. Applicability and order of precedence

These Terms and Conditions apply to all offers, quotations and Agreements between SparkCore and Customer, unless expressly agreed otherwise in writing. General or purchasing terms of the Customer apply only to the extent that SparkCore has agreed to them in writing.

In case of conflicts between documents, the following order of precedence applies, unless otherwise determined in writing: (1) a specific signed agreement or quotation that explicitly takes precedence, (2) product or service-specific appendices, (3) these Terms and Conditions, (4) other policy documents not marked as contractual.

3. Offer and formation of the Agreement

Offers and price information on the website or in marketing materials are non-binding, unless stated otherwise. SparkCore reserves the right to change prices, specifications and availability before the Agreement is final. An Agreement is formed by written or electronic acceptance of a quotation, by completing an online order, or by actual use of the Services where this is expressly marked as acceptance.

SparkCore may refuse orders or impose additional conditions in case of doubt regarding identity, creditworthiness, compliance risks or technical limitations.

4. Description of the Services and changes

SparkCore provides the Services with care, in accordance with the current product documentation and reasonable expectations for comparable SaaS services. Functionality may evolve: new features, improvements and occasional changes to user interface or API behavior may be made. Where a change is materially adverse to the Customer, we will endeavor to announce this in a timely manner and, where reasonable, provide a transition period.

SparkCore does not guarantee uninterrupted availability. Maintenance, updates, third-party failures or force majeure may cause interruptions. Scheduled maintenance will be announced in advance where possible.

5. Accounts, access and security

The Customer is responsible for all activity that occurs through her accounts. Login credentials must be kept confidential and shared only with Users who need them. Unusual activity must be reported immediately. SparkCore may suspend accounts or access if misuse, security incidents or breach of these Terms and Conditions is suspected.

6. Acceptable use

The Customer will not use the Services for:

illegal activities or violation of rights of third parties;
sending malware, conducting attacks, scraping that damages our infrastructure, or circumventing security;
uploading content that is unlawful, threatening, hateful or otherwise unacceptable;
reselling or sublicensing capacity without written permission, or use that violates fair-use or product limits.

In case of breach, SparkCore may take measures, including suspension, termination, content removal and claim for damages to the extent permitted.

7. Intellectual property

All intellectual property rights in software, documentation, trademarks, logos and other materials of SparkCore rest with SparkCore or its licensors. The Customer acquires a non-exclusive, non-transferable right to use the Services within the limits of the Agreement.

The Customer retains all rights to its own Content. By using the Services, the Customer grants SparkCore a limited license to process Content to the extent necessary to provide, support and secure the Services, in accordance with the privacy policy and any processor agreements.

8. Prices, invoicing and payment

Unless otherwise agreed, prices are exclusive of VAT and other government levies. Invoices must be paid within the payment term specified on the invoice. In case of late payment, statutory commercial interest and out-of-court collection costs are due insofar as permitted by law.

SparkCore may adjust prices for new contract periods or after expiration of a promotional period. Price changes will be announced in advance with a reasonable notice period, unless the change results from legal obligations or costs imposed by third parties.

9. Term, cancellation and termination

The term of a subscription is determined by the selected plan and the order confirmation. Where applicable, cancellation is possible at the end of a billing period according to the specified procedure. SparkCore may suspend or terminate the Agreement in case of serious or repeated breach, insolvency of the Customer, or when continuation is not justified due to legislation.

Upon termination, the right to use ends. SparkCore may delete data according to retention periods in the privacy policy and technical capabilities. The Customer is responsible for timely export or backup of Content where possible.

10. Service levels and support

Unless a higher plan or SLA explicitly states otherwise, support responses are provided reasonably and in accordance with common practice during regular business days. Critical incidents are given priority, but no unconditional recovery times are provided without a written SLA.

11. Liability

To the extent permitted by law, SparkCore's total liability to the Customer for direct damage is limited to the amount the Customer paid to SparkCore in the twelve months preceding the event for the relevant Service from which the liability arises, with a maximum of the amount paid in that period, unless there is intent or gross negligence.

SparkCore is not liable for indirect damage, consequential damage, lost profits, lost revenue, loss of goodwill or data, unless mandatory law provides otherwise. The Customer indemnifies SparkCore against claims from third parties arising from unlawful use of the Services by the Customer or its Users, or from content provided by the Customer.

12. Force majeure

Neither party is obligated to perform obligations if prevented by force majeure. Force majeure also includes disruptions from suppliers, cyber attacks of unforeseen magnitude, natural disasters, government measures, and other circumstances that reasonably lie beyond the sphere of influence of the party involved. During force majeure, obligations are suspended; parties will consult on reasonable solutions.

13. Confidentiality

Parties will exercise reasonable confidentiality with regard to non-public business and technical information they receive from each other, and will use it only for performance of the Agreement, unless disclosure is legally required.

14. Applicable law and disputes

These Terms are governed by Dutch law, unless mandatory international consumer law provides otherwise. Disputes will preferably be resolved through good faith negotiation. If the parties cannot reach agreement, the competent court in the district where SparkCore is established or another court competent under law shall be competent, provided that no mandatory law requires a different jurisdiction.

15. Final provisions

If any provision of these Terms is void or voidable, this does not affect the other provisions; parties will replace the relevant provision with a valid provision that comes as close as possible to the intent.

SparkCore may transfer rights and obligations under the Agreement in case of business transfer or reorganization, provided the Customer is not reasonably disadvantaged. The Customer may not transfer rights without SparkCore's written consent.

16. Warranties and indemnification

The Services are provided on an "as is" and "as available" basis, with the care you can expect from a professional SaaS provider, but without implied warranties that go beyond the legal minimum, unless otherwise agreed in writing. SparkCore does not guarantee that the Services are free from errors, nor that they are uninterruptedly available.

The Customer indemnifies SparkCore against claims from third parties arising from Content provided by the Customer or from use of the Services in violation of laws or regulations, these Terms, or third party rights.

17. Open source and libraries

Parts of our software stack may contain open-source components that are subject to their own licenses. Those licenses apply to those specific components, but do not affect SparkCore's rights to the combined service and trademarks, to the extent permitted.

18. Export and trade compliance

The Customer declares that they will not use the Services in violation of export controls, sanctions or embargoes that may apply. SparkCore may refuse or terminate the Services when continuation would violate mandatory regulations.

19. Contact

Questions about these Terms can be sent via the contact details on our contact page. Please include the subject and your company name so we can help you quickly.

20. Business Information

SparkCore is a trading name of:

Company: SparkCore
Chamber of Commerce: 70315019
VAT number: NL858255662B01
Address: Takkebijsters 73, Breda