Terms of Service

1. Who we are

These Terms govern your use of Sparky Builder ("the Service"), operated by DriftWest (Chris Ziehr), based in Canada ("we", "us"). By creating an account, joining the waitlist, or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

2. The Service

The Service uses AI to generate, compile, and package software applications based on instructions you provide. Optionally, the Service may host applications on your behalf. The Service is provided on a best-effort basis and may change, pause, or shut down at any time.

3. Your account

• You must be at least the age of majority in your jurisdiction, or have a parent/guardian's consent and supervision.
• You're responsible for activity under your account and for keeping your credentials secure.
• You may need your own third-party AI subscription (e.g., Anthropic Claude) to use certain features. Your use of those services is governed by their terms.

4. Apps you create — and your responsibility

You own the source code and applications you generate with the Service. You are solely responsible for the apps you create, including their content, behavior, legality, safety, data handling, and any harm they cause. You represent that anything you build and distribute:

• does not infringe anyone's intellectual property, privacy, or other rights;
• does not violate any law or regulation;
• does not contain malware, spyware, or deceptive functionality.

AI-generated code may contain errors, security flaws, or unintended behavior. Review and test everything before you rely on it or distribute it. We do not review, endorse, or guarantee any generated code.

5. Acceptable use

Your use of the Service is also governed by our Acceptable Use Policy. In short: no illegal, harmful, infringing, abusive, or high-risk uses, and no attempts to overload, reverse-engineer, or abuse the Service or its compute resources.

6. Fees

Some tiers are free; paid tiers (e.g., hosting) are billed as described at signup. Fees are stated before you pay. Except where required by law, payments are non-refundable. We may change pricing with reasonable notice.

7. Disclaimer of warranties

THE SERVICE AND ALL GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. YOU USE THE SERVICE AND ITS OUTPUT AT YOUR OWN RISK.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 3 MONTHS BEFORE THE CLAIM, OR (B) CAD $50.

9. Indemnification

You agree to defend, indemnify, and hold harmless DriftWest and its operator from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) apps you create, distribute, or host; (c) your violation of these Terms or any law; or (d) your infringement of any third party's rights.

10. Suspension & termination

We may suspend or terminate your access at any time, with or without notice, including for any violation of these Terms or the Acceptable Use Policy, or to protect the Service or others. You may stop using the Service at any time.

11. Changes to these Terms

We may update these Terms. Material changes will be posted here with a new "Last updated" date. Continued use after changes means you accept them.

12. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Disputes will be subject to the courts located in Ontario, Canada.

13. Contact

Questions? info@nimpact.ca or see our support page.