Terms of Service

Effective Date: March 7, 2025

These Terms of Service ("Terms") govern your use of our application and services (collectively, "Services") provided by Lightspark Games LLC ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Use of Services

1.1 Eligibility

You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

1.2 Account

To access features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

1.3 User Agreement

By accessing or using zapped, you agree that you:

  • Have the legal right to upload or generate content, including but not limited to text, images, and AI-generated media, and that you have obtained any necessary permissions for identifiable individuals appearing in uploaded images.

  • Understand that AI-generated content may not be entirely accurate, realistic, or free from biases.

  • Accept all risks associated with the use, modification, and public sharing of AI-generated content.

  • Acknowledge that Lightspark Games LLC is not responsible for any unintended or harmful interpretations of AI-generated content.

2. User-Generated Content

2.1 Ownership

Users retain ownership of all AI content they create, and any content they save and send on zapped, including but not limited to text and images ("User-Generated Content").

2.2 Prohibited Content

You agree not to post User-Generated Content that is illegal, harmful, abusive, defamatory, obscene, invasive of privacy, or otherwise objectionable. Zapped reserves the right to remove any User-Generated Content that violates these Terms or is otherwise inappropriate.

2.3 Copyright Infringement

You agree not to post User-Generated Content that infringes on any third-party copyrights, trademarks, or other intellectual property rights. You are solely responsible for ensuring that your User-Generated Content does not violate any such rights. Zapped is not responsible for any User-Generated Content that infringes on third-party rights.

2.4 AI Image Generation and Facial Data

By submitting images containing faces to zapped, you confirm that you have all necessary rights, permissions, and legal authority to use, upload, and modify such images. You further agree that you have obtained any required consent from individuals whose faces appear in submitted images.

You acknowledge that zapped may process these images using AI models for the purpose of generating modified images. All AI-generated content remains subject to our User-Generated Content policy.

If you do not have the right to use an image, you must not upload it.

  • Facial images submitted for AI processing are stored in our database. They can be deleted at any time by the user.

  • However, Lightspark Games LLC does not control or guarantee deletion of images from third-party AI providers once submitted.

3. Location Data

3.1 User Control Over Location Sharing

Our Services allow users to add a location when creating a caption, uploading an image from phone library or taking a picture. The location is stored in our database privately for that user, but the user can decide to share the location. When at a location, the user can delete all the names of that location to remove it from the database. To prevent location from being stored in the database and used in captions, the user can pause the location in the app, or disable the app’s location in phone settings.

3.2 No Liability for Location Data

Lightspark Games LLC does not verify, endorse, or take responsibility for the accuracy, legality, or appropriateness of any location data users choose to share. Users acknowledge that:

  • Any location data they add is voluntarily provided.

  • They assume full responsibility for any consequences of sharing their location publicly or privately.

  • Lightspark Games LLC is not liable for any misuse, unauthorized access, or unintended consequences related to user-submitted location data.

3.3 Privacy and Security

While location data may be temporarily tracked when the app is open and location services are enabled, this data is not stored or transmitted unless the user explicitly takes a picture or uploads an image from phone library (with location enabled and not paused). Users are responsible for managing their location-sharing settings within the app and their device, including disabling location access in their device settings if they do not wish to share location data.

4. Use of Third-Party Services

4.1 Third-Party Services

We use third-party services, such as OpenAI for AI caption services, Google’s Gemini API for vision, Replicate’s AI image APIs and Google’s Firestore for backend data storage and app management, among others. These third parties may have access to your information as necessary to perform their functions but are obligated not to disclose or use it for any other purposes. For more information, please refer to OpenAI, Replicate and/or Google’s Firestore and Gemini Terms of Service. 

5. Privacy

5.1 Data Collection

We collect, use, and share your information as described in our Privacy Policy. By using our Services, you consent to our data practices as outlined in the Privacy Policy.

6. Intellectual Property

6.1 Zapped Content

All content already provided by zapped, including but not limited to text, software, graphics, and logos, is the property of Lightspark Games LLC and is protected by copyright, trademark, and other intellectual property laws.

6.2 User Feedback

If you provide us with feedback or suggestions regarding our Services, you grant us an unlimited, irrevocable, and royalty-free right to use such feedback or suggestions for any purpose without any obligation to you.

7. Termination

7.1 Termination by You

You may terminate your account at any time through your profile settings, the “Delete Account” option.

7.2 Termination by Us

We may suspend or terminate your access to our Services at any time, with or without cause or notice, for any reason, including if we believe you have violated these Terms.

7.3 Right to Refuse Service

We reserve the right to restrict, suspend, or terminate accounts at our sole discretion, including cases where:

  • A user violates these Terms, abuses AI services, or engages in malicious activities.

  • Uploaded content violates the law, privacy rights, or public decency.

  • A user repeatedly submits facial images without proper consent.

8. Disclaimers and Limitation of Liability

8.1 Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, secure, or error-free.

8.2 Limitation of Liability

To the fullest extent permitted by law, Lightspark Games LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services. In no event will our aggregate liability for all claims relating to the Services exceed the greater of $100 USD or the amount you paid us in the 12 months preceding the date of the activity giving rise to the claim.

8.3 No Liability for Third-Party Content

Lightspark Games LLC is not responsible for verifying the rights of users to submit images containing faces or other identifiable features. We do not conduct identity verification and assume no liability for any unauthorized use of personal images.
Users are solely responsible for ensuring that their uploaded content complies with applicable laws, including privacy, intellectual property, and biometric data laws.

8.4 Release of Claims

By using zapped to generate AI content (including but not limited to captions and images), you agree to release, waive, and discharge Lightspark Games LLC, its affiliates, employees, and licensors from any claims, demands, or liabilities arising from:

  • The use, modification, or distribution of AI-generated content.

  • Any alleged misuse of likeness, facial data, or other personal attributes in AI-generated content.

  • Any unauthorized third-party use of AI-generated content.

8.5 Indemnification

You agree to indemnify, defend, and hold harmless Lightspark Games LLC, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, or expenses (including attorneys’ fees) arising out of or related to:

  • Your violation of these Terms.

  • Your use of AI-generated content in an unlawful, defamatory, or unauthorized manner.

  • Any claim by a third party alleging that your submitted images violate their rights, including privacy, publicity, or intellectual property rights.

8.6 AI-Generated Content Disclaimer

AI-generated images are generated autonomously based on user input and generative AI models. As a result, outputs may be unpredictable.

  • AI-generated images are created automatically and may contain inaccuracies, unexpected results, or offensive content

  • Lightspark Games LLC does not guarantee the accuracy, appropriateness, or legality of AI-generated content.

  • Users agree not to hold Lightspark Games LLC liable for any real-world consequences resulting from the use of AI-generated content.

9. Governing Law

9.1 Governing Law

These Terms and any dispute arising out of or in connection with these Terms or the Services shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of law principles.

  • Lightspark Games LLC does not guarantee compliance with any specific jurisdiction's privacy laws beyond applicable U.S. federal and Delaware state laws.

  • Users outside the U.S. acknowledge that they are responsible for ensuring their use of our Services complies with their local regulations.

10. Changes to Terms

10.1 Modifications

We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms on our website and updating the "Effective Date" above. Your continued use of our Services after such modifications will constitute your acceptance of the revised Terms.

11. Arbitration and Dispute Resolution

11.1 Arbitration

By agreeing to these Terms, you and Lightspark Games LLC agree to resolve any disputes through binding arbitration, except for certain types of disputes mentioned in this arbitration clause. You and Lightspark Games LLC waive any right to participate in a class-action lawsuit or class-wide arbitration. You have the right to opt out of arbitration as explained below.

11.2 Opt-Out

You may opt out of this arbitration agreement by sending a written notice to contact@zappedai.app within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Lightspark Games LLC
contact@zappedai.app

By using zapped, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.